r  - 


'P."^ 


'»7^  -^  „o. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


/ 


O 


# 


€//    ./t^ 


z 


i.O 


I.I 


2.8 


1^ 

■yut. 

!.8 


L25  liiu  111.6 


7 


il' 


Photographic 

Sciences 

Coiporation 


23  WEST  MAIN  STREtiT 

WEBSTER,  N.Y.  MS80 

(716)  872-4503 


4S  -^ 


SL<P 


%^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


■■■vi- 


Mm 


'WMMW 


Technical  and  Bibliographic  IMotes/IMotos  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


L'Institut  a  microfilm6  le  meilleur  exemplaire 
qu'il  lui  a  ete  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-etre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  imaje  reproduite,  ou  qui  peuvent  exiger  una 
modification  dans  la  m6thode  normals  de  filmage 
sont  indiqu6s  ci-dessous. 


D 
D 
D 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommag6e 

Covers  restored  and/or  lamir.ated/ 
Couverture  restauree  et/ou  pelliculee 


r^    Cover  title  missing/ 

I/nJ    Le  titre  de  couverture  manque 


D 
D 
D 
D 
D 


D 


Coloured  maps/ 

Cartes  geographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  Illustrations  en  couleur 

Bound  with  other  material/ 
Reiid  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  Interior  margin/ 

Lareliure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intSrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutSes 
lors  d'une  restauraticn  apparaissent  dans  le  texte, 
mais,  lorsque  cela  Stalt  possible,  ces  pages  n'ont 
pas  et6  filmees. 


D 
D 
D 

D 
D 
D 

n 

D 

D 


Coloured  pages/ 

Pages  de  couleur 

.  -  ♦■   ■ 

Pages  damaged/ 
Pages  endommagees 

Pages  restored  and/or  laminated/ 

Pages  restaur^es  et/ou  pelliculees  , 

Pdges  discoloured,  stained  or  foxed/ 
Pages  d^color^es,  tachet^es  ou  piquSes 

Pages  detached/ 
Pages  detachees 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Quality  inegale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  matdriei  supplementaire 

Only  edition  available/ 
Seule  Edition  disponibie 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement* 
obscurries  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  et6  fllm6es  d  nouveau  de  facon  d 
obtenir  la  mellleure  image  possible. 


D 


Additional  comments:/ 
Commentaires  suppldmentaires: 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  r6duction  indiqu6  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

SOX 

I 

iOV 

iRy 

?0X 

i 

24X 

28X 

32X 

ire 

details 
es  du 
modifier 
ler  une 
fllmage 


§es 


ire 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  Congress 
Photoduplication  Service 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  cover?  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  fiimd  fut  reproduit  grdce  d  la 
g6n6rosit6  de: 

Library  of  Congress 
Photoduplication  Service 

Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimde  sont  filmds  en  commen9ant 
par  le  premier  plat  8t  en  terrninant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaTtra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  —►  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film^s  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  il  est  film6  d  partir 
de  Tangle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


)V  errata 
ed  to 

inf 

ne  pelure, 

3Con  d 


1 

2 

3 

32X 


1 


4 


6 


:immmmmmmmmmimmmm 


•»"'^>anrmiMmmmiimW 


r 


*  f^' 


r^'i 


) 


0: 


- 1 


HISTORY 


O  P 


OREGON    TERRITORY, 


IT     BBINS     A 


DEMONSTRATION  OF  THE  TITLE 


OP    TEIB3B 


UNITED   STATES   OF   NORTH  AMERICA 


TO    THE    SAME. 


SECOND    EDITION. 

. \ 

ACCOMPANIED  BY  A  MAP. 

BY    THOMAS    J.    FARNHAM,    Esti- 

If 

AOrnOR  OP    "travels    I^f   the   OREAT    \TE3TERN    prairies,  the    AXAIlffAC,  ANIl    THE  ROOKV 

MOUNTAINS,  AND  THE  OREaON  TERRITORY,'    "  x'RAVEM   IN  THE  OALlFORiSIAS," 

AND    "  SCENES    IN  THB  PACIFIC,"    BTC.  KTO.   8T0. 


WILLIAM  TAYLOR,  No  2  ASTOR  HOUSE. 

BOSTON :    SAXTON    &    KELT. PHILADELPHIA  !    ZEIBER    &    CO.,    AND 

COLON     &     ADRIANCE. BALTIMORE:     SHURTZ     A      TAYLOR. 

WASHINGTON:    TAYLOR  &.  CO. RICHMOND:   IIALPIN  !c  KELLER. 

CHARLESTON:  AMOS  HPAD. CINCINNATI:  ROBINSON  &  JONES. 


//V,5- 


4 


The  following  pages  are  devoted  to  an  examination  of  the 
American  Title  to  the  Oregon  Territory.  The  course  taken  in 
the  investigation  is  that  of  giving  a  plain  and  intelligible  history 
of  the  discovery  and  occupation  of  that  country,  and  the  right  of 
sovereignty,  which  has  arisen  under  these  acts.  The  conclu- 
sions at  which  I  have  arrived  are  these  :  That  we  own  Oregon 
by  purchase  from  Spain,  the  sole  discoverer  and  first  occupant  of 
its  Coast ;  by  purchase  from  France,  to  whom  England,  by  the 
Treaty  of  Versailles,  relinquished  her  claim  to  it;  and  by 
our  own  discovery  and  prior  occupancy  of  Columbia  River. 
Throughout  the  work,  incontrovertible  Authorities  are  relied  on 
for  historical  facts,  and  for  the  constructi(m  given  to  the  laws  of 
nations.  Out  of  her  own  mouth  is  Britain  judged  :  and  if  this 
painphlct  shall  serve  to  convince  my  countrymen  of  the  insolent 
selfishness  of  Great  Britain— her  grasping  injustice,  her  destitu- 
tion of  political  honesty— and  serve  to  show  a  necessity  for  the 
people  to  act  for  themselves,  and  to  expect  from  the  hands  of 
their  Government,  at  Washington,  the  maintenance  of  the  rights 
and  honor  of  their  country ;  the  author  will  feel  richly  rewarded 
for  whatever  labor  he  has  bestowed  in  collecting  and  arranging 
the  evidence  of  their  rights  to  tlie  Oregon  Territory— the  whole 
of  it,  and  nothing  less ! 

THE  AUTHOR. 


Entered  according  to  Act  of  Congress,  in  the  year  1844, 

BY.     THOMAS    J.     FARNHAM. 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States 

for  the  Southern  District  of  New- York. 


('•' 


■:      •-'•,:■    :/    ^.liW'te. 


4  ■ 

„:  >  V  ■' ;.      ... ;  ■  :i- ;■  ■ 


->C;;i'  ;<   v 


HISTOEY    OF    OEEGON. 


CHAPTER   I. 


OREGON  DISCOVEHED  BY  SPAIN. 


FoRTV  years  after  the  discovery  of  the  Western  Continent,  Hcrnan 
Corlez,  the  conqueror  of  Mexico,  having  explored  tiie  neighboring  coun- 
tries,  in  search  of  rich  nations  to  plunder,  turned  his  attention  to  the 
north  and  northwest.  At  tlie  commencement  of  the  sixtcentli  century, 
the  most  northern  settlements  of  the  Spaniards  in  North  America,  were 
Culiacan,  a  small  establishment  on  the  eastern  side  of  the  Gulf  of  Cali- 
fornia, in  about  twenty-five  degrees  north  latitude,  and  Panuco,  situated 
near  the  spot  now  occupied  by  Tampico,  on  the  Mexican  Gulf. 

Of  this  expedition,  made  under  the  direction  and  orders  of  Cortez, 
little  authentic  is  known.  In  1532,  Diego  Ilnrtado  do  Mendoza,  a  rela- 
tion of  Cortez,  sailed  from  Acapulco  in  a  small  ship,  accompanied  by  Juan 
de  Mazuela,  in  con.mand  of  another  vessel.  They  proceeded  along  the 
southwest  coast  of  Mexico,  as  far  as  the  twenty-seventh  degree  of 
north  latitude.  Here  a  tempest  separated  them,  and  the  vessel  com- 
manded by  Mendoza  was  lost.  After  the  storm  abated,  Mazuela  was 
obliged  to  return  to  the  river  Culiacan,  where  the  greater  part  of  his 
crew  deserted.  Those  who  remained  endeavoring  to  bring  the  ship  back  to 
Acapulco,  ran  her  ashore  in  the  province  of  Jalisco.  There  the  crew,  e.\. 
cepting  three,  were  murdered  by  the  savages ;  and  subsequently  the  ves- 
sel was  rifled  by  Nuno  de  Guzman,  the  chief  of  a  band  of  adventurers, 
who  pretended  to  be  independent  of  Cortez.  The  next  year,  as  no  news 
of  these  vessels  had  reached  Acapulco,  Cortez  sent  out  two  others  in  the 
same  direction,  under  Hernando  do  Grijalva  and  Diego  de  Becerra,  who 
set  sail  from  Tehuantepec  in  October,  1533. 

Grijalva,  separating  Irom  his  companions,  sailed  to  the  westward,  and 
having  discovered  a  group  of  small  islands  about  one  hundred  and  fifty 
miles  from  the  main  land,  (now  known  as  the  Revillagigedo  islands,)  he 
returned  to  Mexico  without  making  any  further  discovery.     Becerra  also 


DISCOVKRY  OF  OREGON. 


sailed  to  the  westward  from  Tehuantepec — discovered  land  under  the 
tropic  of  Cancer,  and  ancliored  in  a  small  bay,  where  his  men,  having  ob. 
tained  some  valuable  pearls,  were  desirous  of  remaining  for  a  time.  This, 
BecAra  would  not  permit ;  and  while  preparing  to  continue  his  voyage, 
a  mutiny  broke  out  and  he  was  murdered.  The  pilot,  Fortunio  Ximones, 
then  took  command  of  the  vessel.  After  the  death  of  their  commander, 
the  mutineers  landed,  and  began  to  erect  habitations  on  the  shore  of  the 
bay  ;  and  while  thus  engaged,  were  surprised  by  the  savages,  and  nearly 
all  of  them  killed.  The  few  who  made  their  escape,  succeeded  in  navi- 
gating the  vessel  to  the  port  of  Chiametla,  on  the  coast  of  Jalisco,  when* 
she  was  also  seized  by  Nuno  do  Guzman. 

When  Cortcz  heard  of  these  spoliations  and  seizures,  he  immediately 
instituted  a  suit  against  Guzman,  in  the  royal  court  of  Madrid,  and  ob- 
tained a  decree  in  his  favor.  Guzman  refused,  however,  to  make  any 
restitution ;  and  Cortez,  collecting  a  body  of  troops,  marched  to  Chia- 
metla, in  order  to  recover  his  vessels,  and  reestablish  his  authority  in 
that  country.  On  his  approach  Guzman  fled,  and  Cortez  being  joined 
by  three  vessels  that  had  been  sent  pursuant  to  his  orders,  determined  to 
proceed,  in  person,  to  the  country  discovered  by  Bccerra,  in  the  west, 
which  was  said  to  be  exceedingly  rich  in  pearls  and  precious  stones. 

Embarking  with  his  forces  therefore  at  Cheametla,  he  reached  the  bay 
where  Becerra  had  been  murdered  on  the  third  of  May,  and  in  honor  of 
the  day,  which  in  the  Roman  calendar  was  the  feast  of  the  finding  of 
the  Holy  Cross,  he  named  the  bay  and  the  country  Santa  Cruz ;  and  ta- 
king possession  of  it  in  the  name  of  Spain,  he  immediately  commenced 
preparations  ibr  establishing  a  colony. 

On  his  return  to  Mexico,  the  following  year,  he  learned  that  during  his 
absence,  he  had  been  superseded  in  the  government  by  Don  Antonio  do 
Mendoza.  Still  possessing  the  right,  however,  as  admiral  of  the  South 
Sea,  to  prepare  and  dispatch  vessels  on  the  Pacific,  ho  determined  to  en. 
gage  in  another  expedition  to  the  north,  in  hopes  of  retrieving  his  for- 
tunes. Therefore,  recalling  the  colonists  from  Santa  Cruz,  he  litted  out 
three  ships  for  the  expedition,  and  gave  the  command  of  them  to  Fran- 
cisco de  Ulloa.  This  expedition  was  the  last  made  by  the  authority  of 
Cortez. 

Ulloa  left  Acapulco  in  July,  1539,  and  after  losing  one  of  his  ships  in 
a  storm,  sailed  with  the  others  to  the  harbor  of  Santa  Cruz ;  having 
explored  the  Gulf  of  California,  and  sailed  round  Cape  San  Lucas,  he 
proceeded  on  the  western  coast  as  far  as  latitude  30°  north. 

In  1527,  a  band  of  Spanish  adventurers,  under  Panfilo  Navarez,  landed 
in  Florida,  in  search  of  gold  or  of  rich  nations  to  plunder.  This  party 
were  soon  nearly  all  destroyed  by  the  savages ;  the  survivors,  three 
Spaniards  and  a  negro,  after  nine  years'  wanderings  in  the  southern  part 
of  North  America,  reached  Culiacan,  near  the  Gulf  of  California,  in 
1536.  The  accounts  they  gave  of  rich  nations,  who,  as  they  had  been 
told  by  the  savages,  lived  farther  to  the  north,  stimulated  Mendoza,  the 


d  under  the 
1,  having  ob. 
time.  This, 
his  voyage, 
lio  Ximones, 
connnundor, 
shore  of  the 
,  and  nearly 
ded  in  navi- 
lisco,  when^ 

immediately 
rid,  and  ob- 

0  make  any 
led  to  Chia- 
authority  in 
being  joined 
stermincd  to 
in  the  west, 

1  stones. 
jhed  the  bay 

in  honor  of 
e  finding  of 
uz ;  and  ta- 

commenced 

Lt  during  his 
Antonio  de 
of  the  South 
Tiined  to  en- 
ing  his  for- 
he  litted  out 
3m  to  Fran- 
authority  of 


his  ships  ii 
ruz ;  having 
n  Lucas,  he 

arez,  landed 
This  party 
'ivors,  three 
outhern  part 
aiifornia,  in 
)y  had  been 
lendoza,  the 


DISCOVERY   OF  OREGON.  0 

succes!3or  of  Cortoz,  to  now  oxertions.  He,  thcrefiire,  sent  two  friar.<!, 
Marcos  do  Ni/.a  and  Honorato,  witii  the  negro  above  uiention*!d,  to  ascor- 
tain  the  trutii  of  tliese  reports.  They  sot  out  in  1539-  After  being  ab. 
sent  about  a  year,  tiie  two  friars  returned ;  and  in  the  roimrt  made  (o 
Mendoza  by  Marcos  de  Niza,  countries  aliounding  in  gold  and  preciouti 
stones,  were  described  as  lying  to  the  northwest,  beyond  the  ^bth  degree  of 
north  latitude.  The  situation  and  extent  of  these  countries  were  fully 
liescribed,  and  more  than  all,  a  great  city  calh^d  Cibola,  the  cajiital  of  a 
province  of  that  name,  was  represented  as  being  peculiarly  magnificent, 
and  containing  more  than  twenty  thousand  stone  houses,  adorned  with 
gold  and  jewels.  Of  course,  such  an  account  related  by  an  eye-witness, 
had  its  cil'ect  upon  Mendoza ;  and  he  immediately  prepared  to  take  pos- 
session  of  these  valuable  regions  in  behalf  of  his  sovereign,  and  convert 
their  inhabitants  to  the  Catholic  faith.  A  body  of  soldiers  and  missiona- 
ries, commanded  by  Don  Francisco  do  Coronado,  the  governor  of  New 
Gallicia,  the  country  directly  north  of  Mexico,  were  soon  collected,  and 
started  on  liie  route  described  by  the  friar  Marcos.  Those  new  countries 
were  said  to  bo  near  the  sea-coast ;  and  in  order  to  support  these  land 
Ibrces,  therefore,  a  small  squadron,  laden  with  supplies,  was  .sent  along 
the  western  coast  toward  the  north,  under  the  command  of  Fernando  de 
Alarcon.  The  fleet  left  Sanlingo  on  the  western  coast  of  Mexico,  and  sailed 
northieard  to  the  extremity  of  the  Gulf  of  California,  where  Alarcon  discov- 
ered a  broad  and  rapid  river.  Embarking  with  a  part  of  his  crew  in  boats, 
he  proceeded  up  the  stream  250  miles.  He  found  the  country  on  either 
side  rich  and  tliickly  settled,  though  occupied  only  by  savage. .  He  was 
told  by  the  natives,  in  answer  to  his  inquiries  re.specting  Cibola,  that  it 
was  about  ten  days'  journey  in  the  interior.  lie  desired  to  visit  it ;  but 
tearing  that  he  would  be  cut  off  if  he  went  farther  into  the  country,  he 
descended  to  his  ships,  and  returned  to  Mexico  before  the  end  of  the  year. 

Coronado,  with  his  land  forces,  followed  the  route  pointed  out  by  the 
two  friars.  The  forests  and  deserts  described  in  the  narrative,  were 
readily  found.  A  country  called  Cibola,  situated  as  Marcos  had  stated, 
was  at  last  reached.  But  instead  of  magnificent  cities,  they  saw  a  few 
scattered  villages  ;  their  land  ofpromi.se  they  found  half  cultivated,  by  a 
poople  half  civilized  ;  a  little  gold  and  silver,  supposed  to  be  good, 
and  a  few  turquoises,  being  their  only  wealth  in  the  precious  metals  and 
stones.  The  letter  written  to  the  viceroy  by  the  friar  Marcos,  with  its 
fabulous  history  of  Cibola,  its  wealth  and  its  magnificent  cities,  had  de- 
scribed  not  \Am\.  the  writer  saw,  but  what  he  had  heard  from  the  Indians 
in  his  wandorings  among  them.  Tradition  had  been  their  historian,  and 
R  .  urrect  one  no  doubt  j  for  within  a  few  years  the  ruins  of  a  great  city 
has  been  discovered  on  the  Colorado,  corresponding  in  size  and  position 
with  that  spoken  of  by  the  friar  Marcos  de  Niza. 

On  makin^';  inquiries  of  the  natives  relative  to  the  rich  countries,  the 
same  ajiswer  was  given  by  the  natives  of  Cibola.  Rich  countries,  they 
said,  lay  farthei  to  the  north.     Thitherward  Coronado  directed  his  steps, 

1* 


10 


DISCOVERY  OF  OREGON. 


and  after  wandering  two  years  tliroiiph  the  rpgion  between  the  Pacific 
and  the  Rocky  MountainH,  subsiHting  chiefly  on  the  flesh  of  the  biill'iilo, 
ho  returned  to  Mexico  in  lfvi'2.  A  cmmtry  called  hij  the  Spaniards 
Quivira,  near  the  Pacific,  and  under  the  AMh  degree  of  north  latitude,  was 
the  limit  of  their  explorations  to  the  north. 

Before  the  return  of  Coronado  from  this  expedition,  the  viceroy  had 
prepared  another  naval  armament,  which  was  to  proceed  in  the  same 
direction  from  one  of  the  ports  of  the  Pacific.  It  was  to  be  commanded 
by  Pedro  de  Alvarado.  On  the  eve  of  its  departure  an  insurrection  took 
place  among  the  Indians  in  the  province  of  Jalisco.  The  forces  collected 
were  all  required  to  restore  order,  and  reestablish  the  Spanish  authority. 
In  the  course  of  the  campaign,  Alvarado  was  killed,  and  Mendoza  did 
not,  therefore,  send  ofl'  his  expedition  to  the  northwest  until  the  following 
year. 

In  1542,  Juar.  Rodriguez  de  Cabrillo  was  placed  in  command  of  two 
of  the  vessels  that  had  been  prepared  for  the  expedition  of  Alvarado. 
He  set  sail  from  Navidad,  in  Jalisco,  and  afler  a  short  passage,  readied 
Santa  Cruz.  From  Santa  Cruz  he  sailed  round  Capo  San  Lucas,  and 
proceeded  up  that  part  of  the  coast  of  California  which  had,  two  years 
before,  been  discovered  by  Francisco  de  UUoa ;  and  by  the.  middle  of 
November  had  advanced  as  far  north  as  the  AOth  dcs^ree  of  north  latitude. 
He  was  then  driven  back  to  a  harbor,  which  he  had  before  entered,  and 
named  Port  Possession,  supposed  to  be  in  the  small  island  of  San  Ber- 
nardo, in  latitude  thirty-four.  Cabrillo  sunk  under  the  fatigues  to  which 
he  had  been  subjected,  and  left;  the  ships  under  the  command  of  the  pilot 
Bartolomc  Ferrez,  or  Ferrelo. 

Ferrelo  determined  to  attain  some  of  the  objects  of  the  expedition  before 
his  return  to  Mexico.  Ke  set  sail  from  Port  Possession,  and  after  having 
been  driven  back  seven  1  times,  on  the  1st  of  March,  found  himself  in 
the  44</t  degree  north  latitude.  Want  of  provisions  made  him  resolve  to 
abandon  the  attempt  to  proceed  farther  north,  and  he  therefore  returned 
to  NavicJad  in  April,  1543.  The  most  northern  point  on  the  American 
coast,  seen  by  the  Spaniards  in  this  expedition,  according  to  Navarette, 
who  examined  the  journals  and  papers  relating  to  the  voyage,  which  are 
still  preserved  in  the  archives  of  the  Indies,  was  the  4ard  degree  of  north 
latitude,  which  he  considered  the  northern  limit  of  the  discoveries  of  Ca- 
brillo and  Ferrelo. 

In  the  meantime,  Hernando  de  Soto  and  his  band  of  adventurers,  had 
been  traversing  the  southern  and  southwe.stern  parts  of  North  America. 
The  accounts  given  by  them,  and  by  Alvaro  Nunez,  and  Vasques  de 
Coronado,  of  the  northwest  coast,  rendered  it  absolutely  certain,  that 
neither  wealthy  nations,  nor  navigable  passages  between  the  Atlantic 
and  Pacific  Oceans,  were  to  be  found  north  of  Mexico,  unless  beyond 
the  43rd  degree  of  north  latitude.  The  enthusiasm  for  disvovery  now 
ceased  for  a  time,  and  nearly  half  a  century  elapsed  before  it  was  again 
awakened. 


DISCOVERY   OF  ORKOON. 


11 


1  the  Pacific 

the  bvill'iilo, 

!    Spaniards 

latitude,  was 

viceroy  had 
n  the  same 
comnmndod 
•rcctioii  took 
;e3  collected 
h  authority. 
Hcndoza  did 
\\G  following 

fiand  of  two 
f  Alvarado. 
if^e,  readied 

Lucas,  and 
I,  two  years 
\c  middle  of 
orth  latitude. 
entered,  and 
of  San  Ser- 
ies to  which 

of  the  pilot 

dition  before 
after  having 
1  himself  in 
■n  resolve  to 
ore  returned 
le  American 
)  Navarette, 
B,  which  are 
;ree  of  north 
'eries  of  Ca- 

nturers,  had 
th  America. 
Vasques  de 
certain,  that 
the  Atlantic 
iless  beyond 
svovery  now 
it  was  again 


It  had  boon  tno  settled  policy  oi  Old  Spain,  from  the  day  she  first  ob. 
tainiMJ  fnotliDld  in  South  America,  to  prevent  fciroijrnors  from  ostublishing 
themselves  in  any  part  of  the  territories  claimed  by  lior,  as  prior  diseov- 
er.^r.     She  also  held  the  exclusive  right  to  navigate  the  seas  in  the  vicinity 
of  the  New  World  ;  and  one  of  the  titles  of  the  viceroy  of  New  Spain  was, 
admiral  of  the  South  Sea.     In  1404,  Pope  Alexander  VI.  had  granted  to 
Spain,  on  condition  that  she  should  make  no  attempts  to  communicate 
with  India  by  the  Eastern  routes,  the  exclusive  right  to  nil  other  routes 
which  might  be  discovered  in  the  Western  World.     This  right  was  for  a 
longtime  conceded  to  them.     When,  however,  the  English  had  thrown 
off  their  allegiance  to  the  pope  of  Rome,  they  demanded  of  Spain  the 
right  to  occupy  portions  of  America  not  already  settled,  the  privilege  of 
trading  with  such  as  were  colonized,  and  also  the  liberty  of  navigating 
the  South  Sen.     To  these  requests,  of  course,  Spain  diil  not  accede  ;  and 
thereupon  a  system  of  piratical  warfare  against  Spain  was  immediately 
commenced,  which,  if  not  openly  sanctioned,  was  at  least  .secretly  encour- 
aged  by  the  English  government ;  and  the  seas  on  the  eastern  side  of  the 
Continent,  were  .soon  visited  by  a  fleet  of  English  privateers,  called  in  those 
days  freebooters,  or  free-traders,  who  plundered  the  ships  of  the  Spaniards, 
and  laid  under  contribiition  their  defeneel^s  towns  on  the  const.     The 
dangers  of  a  passage  through  the  stormy  Slmits  of  Magellan  deterred  them, 
for  n  time,  from  attempting  anything  in  ihe  Pacific  Ocean.     In  the  year 
1577,  however,  a  small  fleet  of  five  vestie'is  was  fitted  out  in  Plymouth, 
England,  unuer  the  command  of  Francis  Drake.     These  ves.sels  were 
armed  and  equipped  by  private  individuals,  ostensibly  for  a  voyage  to 
Egypt,  but  in  reality,  they  were  bound  on  a  privateering  expedition  against 
the  dominions,  subjects,  and  ships  of  Spain.     After  some  months'  cruise 
in  the  Atlantic,  without  taking  any  prize  of  value,  Drake  put  in  on  the 
eastern  coast  of  Patagonia,  and  refitted  his  ships.     Three  of  them  he  con. 
ducted  .safely  through  the  Straits  of  Magellan  into  the  Pacific.     But  im- 
mediately afterward  a  storm  dispersed  the  little  squadron,  and  Drake  was 
left  with  sixty  men  in  a  schooner  of  one  hundred  tons  burthen,  to  com- 
mence operations  again.st  the  Spaniards  on  the  western  coast  of  North 
America.     Remaining  in  the  South  Pacific  about  nine  months,  ho  sue 
ceeded  in  making  a  number  of  valuable  prizes;  and  fearing  the  Spanish 
cruisers  in  search  of  him,  he  determined  <o  return  home  by  the  Cape  of 
Goo  1  Hope.     On  the  15th  April,  he  left  Guatulco,  the  last  place  he  had 
plundered,  and  sailed  toward  the  north.     On  the  2nd  of  .Tunc,  according 
to  his  accounts,  he  had   reached  the  latitude  of  42°  north.     The  cold, 
however,  (he  relates)  had  become  so  intense,  that  the  sailors  could  with 
groat  difficulty  handle  the  ropes.     This  extreme  cold,  and  the  desire  ho 
had  of  repairing  his  vessel,  induced  him  to  turn  back.     lie  made  the 
coast  and  anchored  near  it ;  but  finding  the  anchorage  insecure,  he  coasted 
along  the  shore  until  he  found  a  safe  commodious  harbor.     This  he  en- 
tered on  the  17th  of  Juno,  and   remained  there  until  the   23rd  of  July. 
This  harbor,  according  to  English  statements,  was  cither  the  Bay  of  San 


12 


DISCOVERY  OF  OREGON, 


Francisco,  or  tlio  Por^  of  Bodega,  situatnd  between  the  38th  and  39th  de- 
grees of  north  latitude.  What  part  of  the  coast  was  seen  by  Drake,  and 
how  far  north  he  reached,  it  is  impossible,  from  any  data  loft  by  him,  to 
a'!ccrtain  witii  tiie  least  degree  of  certainty.  Some  writers  give  the  ex- 
treme north  latitude  of  his  voyage  as  4.3°  ;  others  48°  north.  In  an- 
other part  of  this  work,  where  tiie  English  claims  to  the  sovereignty  of 
Oregon  are  examined,  we  will  endeavor  to  show  that  it  was  impossible 
for  him  to  have  reached  48°  north  ;  or  rather,  that  he  never  saw  that  part 
of  the  coast  at  all.  On  the  23rd  of  July,  Drake  states  that  he  left  the  port 
In  latitude  38°,  where  he  had  repaired  his  ship,  and  sailing  across  the 
Pacific,  doubled  the  Capo  of  Good  Hope,  and  returned  to  England,  arri- 
ving at  Plymouth  on  the  26th  of  September,  1580. 

In  l.")!)2  .Tuan  de  Fuca,  a  Greek  by  birth,  but  in  the  service  of  Spain, 
discovered  and  sailed  through  the  straits  in  latitude  48°  north,  which  now 
bears  his  name.  Though  little  credit,  at  that  time,  was  given  to  his  state- 
ments, subsequent  discoveries  proved  the  accuracy  of  his  assertions. 

About  the  close  of  the  lOth  century,  reports  were  current  in  Spain  as 
to  the  e.\istence  of  a  northern  water  passage  between  the  Atlantic  and 
tlie  Pacific.  The  Spanish  government  tliercfore  gave  orders  to  ascertain, 
if  possible,  llio  truth  of  these  reports.  Accordingly  in  the  spring  of  l.'')9.'), 
the  viceroy  of  Mexico  fitted  out  three  vessels  t  Acapulco,  and  gave  the 
command  of  thein  to  Sebastian  Vizcayno.  He  did  not,  however,  proceed 
beyond  the  Gulf  of  California,  and  returned  to  Mexico  before  the  end  of 
the  year.  About  two  years  afterward,  anotiior  expedition  was  made  on 
a  'Ti-ander  scale  than  the  last.  Tn  May.  1002,  two  large  ships  and  a  small 
one,  all  under  command  of  Vizcayno,  sailed  from  Acapulco.  After  pro- 
ceeding  as  far  as  32°  north,  a  good  harbor  was  found,  and  named  San 
DicTO.  Five  degrees  farther  north  another  was  discovered,  to  which  was 
given  tiie  name  of  Monterey.  From  this  port  Vizcayno  sailed  as  far  as 
J2°  or  43°  north,  and  returned  to  Acapulco  on  the  21st  of  March,  1604, 
bavin"-  done  nothing  more  than  survey  and  take  formal  possession  of  what 
had  been  discovered  by  Cabrillo  and  Ferrelo  sixty  years  before.  This 
expedition  was  the  last  one  undertaken  by  the  Spaniards  for  more  than  a 
(■entury  and  a  half.  In  the  year  17G0,  a  party  of  emigrants,  under  Por- 
tola  and  Rivera,  proceeded  by  land  from  La  Paz,  on  the  eastern  coast  of 
California,  to  San  Diego  and  Monterey.  Tiiis  party  established  the  first 
settlements  in  that  part  of  the  country.  A  number  of  other  cstablishmenla 
called  missions,  were  afterward  formed  in  northwest  California,  the  most 
•.jorthern  of  which  was  one  on  the  Bay  of  San  Francisco,  made  in  1776. 

In  1774,  the  viceroy  of  Mexico  dispatched  a  vessel,  under  the  com- 
mand of  Juan  Perez,  to  explore  the  coast  beyond  43°  north.  He  was 
directed  to  proceed  to  60°  north,  and  examine  tlie  coasts,  to  Monterey.  In 
compliance  with  the!b.e  orders,  Perez  advanced  as  far  as  53°  north.  He  ex- 
amined the  coast,  doimi  to  49°,  where  he  discovered  a  large  bay,  to  which  he 
gave  the  name  of  San  Lorenzo.  There  he  remained  some  time,  trading 
with  the  natives.     This  lay  is  the  one  to  which  Captain  Cook  afterward 


DISCOVERY   OF  OREGON. 


VA 


h  and  39th  de- 
by  Drake,  and 
left  by  liim,  to 
rs  give  the  cx- 
north.  In  an- 
sovcrcignty  of 
tvas  impossible 
r  saw  that  part 
he  left  the  port 
ng  across  the 
England,  arri- 

•vice  of  Spain, 
rth,  which  now 
ren  to  his  state- 
isscrtions. 
;nt  in  Spain  as 
c  Atlantic  and 
rs  to  ascertain, 
spring  of  159'), 
,  and  gave  the 
vevcr,  proceed 
fore  the  end  of 
1  was  made  on 
'ps  nnd  a  small 

0.  After  pro- 
id  named  San 

1,  to  which  was 
;ailed  as  far  as 

March,  1G04, 
session  of  what 
before.  This 
or  more  than  a 
Ills,  under  Por- 
lastern  coast  of 
)lishod  the  first 
establislimenlH 
brnia,  the  most 
made  in  1776. 
mder  the  com- 
orth.  He  was 
Monterey.  In 
north.  He  ex- 
hay,  to  ichich  he 
16  time,  trading 
Cook  afterward 


gave  the  name  of  King  George's  Sound,  and  which  is  now  hmon  as  Nootbi 
Sound.  In  1775,  a  second  expedition  was  determined  on  by  the  viceroy 
of  Mexico.  The  Santiago  was  commanded  by  Bruno  Heceta,  Perez  going 
in  her  as  ensign.  She  was  accompanied  by  a  small  schooner  of  thirty 
tons,  Antonio  Maurelle  being  the  pilot.  Ileccta  set  sail  in  March,  from 
San  Bias,  and  on  thp  10th  of  June  cast  anchor  in  a  small  cove,  lying  a 
little  north  of  Cape  Mendocino,  in  latilude  41°  north.  He  remained  here 
nine  days,  refdling  his  vessels.  He  called  the  port,  Trinidad ;  and  after 
erecting  a  cross  near  the  shore,  with  an  inscription,  he  set  sail  for  the  north, 
reaching  the  latitude  in  which  Juan  de  Fuca  was  supposed  to  have  dis- 
covered"  the  strait  leading  eastward,  through  the  Continent.  Contrary 
winds  drove  him  southward,  to  within  eighty  miles  of  the  Columbia  River, 
where  he  anchored  between  the  Continent  and  a  small  island.  Here, 
several  of  the  crew  of  one  of  his  vessels  were  murdered  by  the  savages, 
and  the  vessel  itself  with  dill'iculty  was  saved  from  falling  into  their  hands. 
In  consequence  of  this  misfortune,  the  island  was  called  Isla  de  Dolores, 

(Island  of  Grief.) 

On  the  Uth  of  August,  1775,  Heceta  discovered  a  promontory,  lohich  hr 
called  Cape  San  Roque,  and  immediately  south  of  il,  in  latitude  46°,  ah 
OPENiNct  in  the  land,  which  was  either  a  harbor  or  the  mouth  of  a  River. 
This  opening,  represented  in  Spanish  charts  i)y  the  names  of  Entrada  de 
Heceta,  Entrada  de  Ascencion,  and  Rio  de  San  Roiiuc,  was  undoubfedly 
the  mouth  of  the  Columbia  River,  which  was  thus  discovered  by  the  Span- 

iards. 

Maurelle,  in  the  other  vessel,  continued  on  to  the  northward,  and  in  lati- 
tude 57°  north,  jaw  the  land.  Here  a  lofty  mountain,  in  the  shape  of  a 
beautiful  cone,  was  discovered,  and  called  by  them  San  Jacinto,  since  named 
Mount  Edgecomb.  Near  it,  two  bays  were  discovered,  one  north  and  the 
other  south  of  the  mountain.  The  first  was  named  Port  Remedies,  and 
the  latter,  Port  Guadaloupe.  Here  Maurelle  landed,  and  took  possession  of 
the  country  in  the  name  of  his  sovereign.  After  sailing  as  high  as  58°  north, 
owing  to  the  sickly  state  of  the  crew,  he  commenced  his  return,  search- 
ing, as  he  went  for  the  Rio  de  Los  Reyes,  a  passage  which  was  supposed- 
to  lead  into  the  Atlantic.  In  the  course  of  the  search,  a  bay  was  found, 
affording  a  niOst  excellent  harbor,  which  was  called  Port  Bucareli.  On 
the  I9th  of  September,  he  reached  the  Isla  de  Dolores.  Thence  Maurelle 
continued,  some  distance  from  the  land,  past  the  mouth  of  the  Columbia 
River.  '  A  little  south  of  this  the  great  stream  was  sought,  which  was 
said  to  have  been  discovered  by  Aguilar,  in  1603.  He  commenced  his 
examination  near  a  promontory,  in  shape  like  a  table,  which  was  called 
Cape  Mesari,  situated  in  latitude  45°  30'  north,  and  continued  it  to  Cape 
Mendocino.  He  then  made  for  Francisco  ;  and,  while  seeking  that  port, 
discovered  a  smaller  bay,  which  he  named  Bodega.  He  arrived  in  Mon- 
terey  on  the  7th  of  Octol)er. 

From  1776  to  1778,  vessels  under  the  English,  Portuguese,  and  the 
Austrian  flags,  were  engaged  in  the  fur  trade  on  the  northwest  coast  of 


MiM'^^i^^^ 


H 
¥ 


14  DISCOVERY  OF  OREGON. 

America.     But  none  of  them  did  anything  more  than  to  follow  on  the 
track  of  the  previous  explorations  of  the  Spaniards. 

About  this  time  the  reports  of  various  navigators  began  to  be  credited, 
that  a  water  communication  really  existed  between  the  Atlantic  and  the 
Pacific  Oceans.     In  order  to  settle  this  question,  England  sent  out  two 
ships,  the  Resolution,  Captain  Cook,  who  had  charge  of  the  expedition, 
and  the  Discovery,  Captain  Gierke.     They  left  Plymouth,  July,  1776, 
but  did  not  reach  the  nortliwest  coast  until  March,  '78,  when  they  made 
the  land  a  dc<rree  or  two  north,  of  Cape  Mendocino.     The  coast  was  care- 
fully  examined  northward  in  search  of  a  strait  to  .-each  the  Atlantic,  till 
the  29th  of  March,  when  ho  anchored  in  a  bay  called  Nootka  Sound. 
Tiiis  sound  is  the  same  as  San  Lorenzo,  discovered  by  Perez  four  years 
before.     Cook  next  saw  a  lofty  peak,  whicii  he  called  Mount  Edge- 
comb.     This  had  been  called  by  the  Spaniards,  San  .Tacinto.     Two  days 
afterward  he  saw  two  isolated  mountains,  one  of  which  lie  named  Mount 
Fairweather;  the  other  was  known  as  Mount  St.  Ellas,  described  in  the 
accounts  of  Beehring's  last  voyage.    Here,  tiie  coast  was  observed  to  trend 
to  tlie  westward,  instead  of  the  northward,  as  represented  in  the  Russian 
charts.     From  tills  point,  Cook  commenced  his  survey  of  the  coast,  in 
liopes  of  finding  a  passage   round  the  northwestern  extremity  of  North 
America  into  tlie  sea,  said  to  have  been  discovered  by  TIearne.     He  was, 
of  course,  unsuccessful,  and  returned  as  far  south  as  Owyhee,  where  he 
was  murdered.     In  the  following  summer,  Captain  Clerke,  upon  whom 
the  command  of  the  expedition  devolved  at  the  deatli  of  his  superior  olTieer, 
endeavored  to  eflect  a  passage  to  the  Atlantic  tlirough  the  Arctic  Sea. 
Tiio  ice  prevented  iiis  ships  from  advancing  as  far  us  they  had  the  year 
before.     On  account  of  ills  health,  he  returned  to  the  south  before  the  end 
of  the  warm  season,  and  died  near  Petro  Pawlosk  on  the  22nd  August. 
Captain  John  Go--  next  took  command,  and  the  ships  being  unfit  to  en- 
counter  the  storms  of  an  lev  sea,  he  returned  to  England  by  the  way  of 
Canton,  and  arrived  in  the  Thames,  4th  of  October,  1781.     Cook,  and 
those  who  succeeded  him  in  command  of  the  expedition,  did  not  see  any 
part  of  the  coast  of  Oregon,  which  had  not  been  previously  discovered  by 
the  Spaniards.     Nootka  Sound  had  been  occupied  by  them,  four  years 
previously,  as  a  garrison.     He  even  relates  in  his  Journal,  that  he  found 
among  the  natives  there  weapons  of  iron,  ornaments  of  brass,  and  spoons 
of  Spanish  manufacture.     He  made  no  discoveries  between  latitudes  42 

and  54°  40'  north.  ,  .       .  j    ..       . 

In  the  year  1779,  while  Captain  Clerke  was  making  the  second  attempt 
to  discover  the  northwest  passage,  the  Spaniards  sent  out  another  expe- 
dition,  to  enlarge  their  discoveries  on  the  northwestern  coast.  Two 
ve<»scls,  called  the  Princessa  and  Favorita,  set  sail  from  San  Bias,  m 
February,  1779,  under  the  conmiand  of  Ignacio  Arteaga,  and  Juan  Fran- 
cisco de  La  Bodega  y  Quadra.  This  Bodega  was  the  officer  who  had 
explored  the  Pacific  to  58=  north  in  1775.  Antonio  Maurelle  again  was 
his  ensign,  from  whose  iournal  the  following  information  is  derived. 


follow  on  the 

)  be  credited, 
ntic  and  the 

sent  out  two 
e  expedition, 
,  July,  1776, 
n  they  made 
ast  was  care- 

Atlantic,  till 
Dotka  Sound, 
ez  four  years 
Mount  Edge- 
.  Two  days 
lamcd  Mount 
cribed  in  the 
rsrved  to  trend 
1  the  Russian 

the  coast,  in 
lity  of  North 
lie.  He  was, 
lee,  where  he 
,  upon  whom 
I  perior  officer, 
e  Arctic  Sea. 
had  the  year 
before  the  end 
22nd  August. 
ig  unfit  to  en. 
jy  the  way  of 
L.  Cook,  and 
id  not  see  any 
discovered  by 
m,  four  years 

that  he  found 
Lss,  and  spoons 
1  latitudes  42° 

second  attempt 
another  expe- 
coast.  Two 
San  Bias,  in 
md  Juan  Fran- 
ficer  who  had 
elle  again  was 
s  derived. 


DISCOVERY  OF  OREGON. 


19 


From  San  Bias  the  Spaniards  sailed  directly  for  Port  Bucarelli,  the 
bay  discovered  by  Bod6ga  and  Maurelle,  in  56°  north.  This  bay,  and 
the  neighboring  shores,  were  carefully  surveyed.  They  next  saw  Mount 
St.  Elias,  and  proceeded  thence  along  the  coast,  landing  and  trading  with 
the  natives.  In  the  beginning  of  August,  they  entered  a  large  gulf,  and 
remained  there  a  short  time  ;  returning  to  San  Bias  in  November  of  the 
same  year. 

When  the  vessels  that  had  been  commanded  by  Cook,  returned  to  Eng- 
land, that  nation  was  at  war  with  the  United  States,  France,  and  Spain. 
The  journals  of  the  voyage  were  placed  under  the  charge  of  the  Board  of 
Admiralty,  and  were  not  given  to  the  world  until  1784,  when  they  were 
published,  with  charts,  tables,  maps,  illustrations,  etc.  The  accounts 
given  m  the  work,  of  the  furs  to  be  obtained  in  the  Pacific,  and  the  high 
prices  obtained  for  them  in  China,  was  the  cause  of  lialf-a-dozen  trading 
expeditions  being  made  to  that  coast  almost  simultaneously,  from  the 
United  States,  from  various  parts  of  Europe,  and  from  the  East  Indies. 
In  April,  1785,  James  Hanna,  an  Englishman,  set  sail  from  Canton  in  a 
small  brig,  and  arrived  in  Nootka  Sound  in  the  following  August.  In 
the  same  year,  a  mercantile  association  in  London,  sent  two  ships  to  the 
North  Pacific  ;  the  Queen  Charlotte,  Captain  Dixon,  and  the  King  George, 
Captain  Portlock,  who  arrived  in  Cook's  river,  July,  1786. 

The  movements  of  these  fur-traders  in  the  Pacific,  were  the  cause  of 
great  alarm  to  the  Spanish  government.  In  pursuance  of  orders  from 
Madrid,  therefore,  the  viceroy  of  Mexico  sent  from  San  Bias,  in  the  spring 
of  1788,  the  Princessa  and  the  San  Carlos,  commanded  by  Estevan  Jose 
Martinez,  for  the  purpose  of  watching  the  foreigners,  who  had  thus  begun 
to  make  encroachments  upon  the  Spanish  possessions  in  that  quarter  of 
the  globe.  The  vessels  arrived  at  Prince  William's  Sound  in  May. 
During  the  summer,  Martinez  visited  the  forts  and  factories  belonging  to 
the  Russian  trading  establishments,  when  his  crews  suffering  much  from 
the  scurvy,  he  sailed  back  by  the  way  of  Monterey  to  San  Bias. 

Upon  the  return  of  Martinez  to  San  Bias,  he  made  his  report  to  the 
viceroy,  of  the  intention  of  Russia  to  occupy  Nootka.  Whereupon, 
the  viceroy  immediately  determined  to  take  possession  of  it  in  the  name 
of  his  sovereign ;  and  Martinea  was  dispatched  thither  forthwith,  with 
his  vessels  well-armed  and  manned.  He  left  San  Bias  in  February, 
1789,  and  arrived  at  Nootka  the  6th  of  May. 

On  his  arrival,  he  found  there  two  Portuguese  vessels,  the  Felice  and 
Iphigenia,  under  the  direction  of  an  Englishman  by  the  name  of  John 
Meares;  and  two  American  vessels,  the  Washington  and  Coldhibia, 
commanded  by  Captains  Gray  and  Kendrick.  These  vessels  were  en- 
saged  in  the  fur  trade. 

Martinez  informed  the  officers  of  the  Iphigenia  and  of  the  Columoia, 
that  he  had  come  to  take  possession  of  the  country  in  the  name  of  the 
king  of  Spain  ;  and  having  landed  his  artillery,  he  commenced  a  fort  on 
a  small  island,  at  the  entrance  of  the  upper  arm  of  the  sound,  called 


J  * 


16 


DISCOVERY  OF  OREGON. 


k 


Friendly  Cove.  About  a  week  after,  the  San  Carlos  arrived,  under  the 
command  of  Lieut.  Haro ;  and  the  day  following,  Martinez  took  posses- 
sion of  the  Iphigenia,  transferred  her  men  and  papers  to  his  own  vessel, 
ai\d  made  preparation^  for  sending  her  and  her  consort  to  San  Bias. 
About  two  weeks  afterward  Martinez  released  the  Iphigenia ;  and  as  she 
had  been  fully  equipped  for  sea  while  in  his  possession,  she  sailed  on  the 
2nd  of  June  for  the  northern  coasts.  A  week  after  the  departure  of  the 
Iphigenia,  the  Northwest  America,  a  small  vessel  built  on  the  coast  by 
the  crew  of  the  Iphigenia,  which  had  been  on  a  trading  voyage  to  the 
neighboring  coast,  returned  to  Nootka,  and  was  taken  possession  of  by 
Martinez. 

On  the  16th  of  June,  1789,  the  Princess  Royal  arrived  at  Macao.  The 
King  George's  Sound  Company,  and  the  merchants  at  Macao,  who  had 
sent  out  Meares,  united  their  interests,  and  the  Princess  Royal,  belonging 
to  this  new  company,  was  sent  to  Nootka.  After  remaining  there  some 
days,  she  left  on  a  cruise.  As  she  was  going  out  of  the  harbor,  the 
Argonaut,  commanded  by  Captain  Colnett,  arrived  in  the  sound.  Tliis 
vessel  was  also  owned  by  the  same  company,  and  her  captain  had  charge 
of  the  expedition.  When  Martinez  boarded  the  Argonaut,  he  was  informed 
by  Colnett  that  he  had  come  to  take  possession  of  Nootka,  and  erect 
a  fort  under  the  British  flag.  Martinez  replied,  that  the  harbor  was 
already  ocmpied  by  the  forces  of  his  Catholic  majesty.  The  day  following 
he  seized  the  Argonaut ;  the  Princess  Royal  coming  in  a  few  days  after, 
was  also  taken  possession  of.  The  Argonaut  was  sent,  with  most  of  the 
prisoners,  to  San  Bias.  In  August,  the  crew  of  the  Northwest  America 
were  sent  off  in  the  Columbia,  under  Captain  Gray  ;  Captain  Kendrick 
remained  on  the  coast  with  the  Washington.  In  November  of  the  same 
year  Martinez  left  the  sound,  and  sailed  with  all  his  vessels  for  Mexico  ; 
in  December,  the  Columbia  reached  Macao  with  the  officers  and  the  crew 
of  the  Northwest  America,  who  made  known  to  the  owners  of  the  Argo- 
naut and  Princess  Royal  these  occurrences  at  Nootka.  They  immedi- 
ately  determined  to  apply  to  the  British  government  for  redress ;  and 
Meares  was  dispatched  to  London  for  this  special  purpose,  carrying  with 
him  various  depositions  and  papers  in  substantiation  of  his  claims  for 
redress.  The  result  of  his  application  to  Parliament  will  be  found  in 
another  part  of  this  volume. 

With  regard  to  the  American  vessels,  the  following  is  a  brief  detail  of 
the  facts :  In  the  year  1787,  an  association  of  merchants  in  Boston  had 
fitted  out  two  vessels,  the  Columbia  and  the  Washington,  for  tlie  north- 
west coast.  The  Columbia  was  commanded  by  Captain  Kendrick,  and 
the  Washington  by  Captain  Gray.  They  were  furnished  with  letters 
from  the  Federal  government,  and  passports  from  the  State  of  Massa- 
chusetts,  and  sailed  from  Boston  on  the  30th  of  September,  the  same  year. 
The  Washington  arrived  at  Nootka  on  the  17th  September,  1788.  Tlie 
Columbia  arrived  some  days  afterward,  and  both  vessels  remained  there 
during  the  winter.     After  collecting  as  many  furs  as  they  oould  obtain, 


DISCOVERY   OF  OREGON. 


IT 


ed,  under  tlie 
z  took  possea- 
is  own  vessel, 
to  San  Bias. 
1 ;  and  as  she 
!  sailed  on  the 
parture  of  the 
the  coast  by 
voyage  to  the 
ssession  of  by 

Macao.  The 
cao,  who  had 
yal,  belonging 
as  there  some 
le  harbor,  the 
sound.  Ti'iis 
in  had  charge 
was  informed 
la,  and  erect 
3  harbor  was 
day  following 
3W  day.s  after, 
h  most  of  the 
west  America 
tain  Kendrick 
r  of  the  same 
s  for  Mexico  ; 
i  and  the  crew 
i  of  the  Argo- 
rhey  immedi. 
redress ;  and 
carrying  with 
lis  claims  for 
[  be  found  in 

brief  detail  of 
in  Boston  had 
for  tlie  north- 
Kendrick,  and 
d  with  letters 
ite  of  Massa- 
he  same  year. 
r,  1788.  The 
emained  there 
r  oould  obtain, 


Captain  Gray  taking  command  of  the  Columbia,  proceeded  with  her  to 
Canton,  and  in  the  autumn  of  1789  thence  to  Boston,  where  he  arrived  in 
1790.     In  1791  the  Columbia  returned  from  Boston  under  Captain  Gray, 
accompanied  by  the  brig  Hope,  commanded  by  Joseph  Ingraham,  the 
former  mate  of  the  Columbia.     Captain  Gray  reached  the  northwest 
coast  in  May,  and  while  sailing  up  the  coast,  observed  an  opening  in  the 
latitude  of  46°  16',  from  which  a  current  issued  so  strong  as  to  prevent 
his  entrance,  though  he  spent  nine  days  in  attempting  to  accomplish  it. 
Captain  Kendrick,  who  had  commanded  the  Columbia  in  her  first  voy- 
age to  the  Pacific,  had  remained  on  the  coast  with  the  sloop  Washington, 
since  1789.     In  August,  1791,  while  lying  at  Nootka  Sound,  fearing  the 
Spaniards  would  seize  his  vessel  if  he  attempted  to  go  to  sea,  he  deter- 
mined  to  make  way  through  a  strait,  which  he  believed  exited  from  the 
extremity  of  the  harbor  northwestward,  into  the  Pacific.     He  succeeded, 
and  named  the  channel  Massachusetts  Sound.     This  passage,  called  by 
the  natives  Ahasset,  is  not  laid  down  on  Vancouver's  maps.     Two  Span 
ish  vessels,  under  Malasina,  passed  through  it  the  latter  part  of  the  same 
month.     It  was  called  by  the  Spaniards,  the  passage  of  Buena  Esperanza. 
In  April,  1792,  Captain  Gray  fell  in  with  the  ship  Discovery,  Captain 
Vancouver.     The   Discovery  and  the  Clialliam   had  been  sent  out  to 
Nootka  by  the  British  government,  to  take  possession  of  the  land  and 
buildings  at  Nootka,  to  be  surrendered  by  the  Spaniards  agreeably  to  the 
1st  Article  of  the  treaty  of  1790,  commonly  called  the  Convention  of  the 
Escurial.     Captain  Gray  informed  Vancouver,  that  he  had  discovered 
the  mouth  of  a  river  in  latitude  46°  16',  which  set  out  so  strong  as  to  pre- 
vent his  entering  it  for  nine  days.     Vancouver,  in  his  journal,  speaks  of 
this  latitude  as  having  been  passed  by  him  two  days  before,  and  remarks 
that  "  the  whole  coast  formed  one  compact,  solid,  ond  nearly  straight 
barrier  against  the  sea,"  and  that  he  was  «' thoroughly  convinced  that 
he  could  not  possibly  have  passed  any  safe  navigable  opening,  harbor,  or 
place  of  security  for  shipping  on  the  coast  from  Cape  Mendocino  to  Cape 
Flattery  in  latitude  48°,  nor  had  he  any  reason  to  alter  bis  opinion,  notwith- 
standing theoretical  geographers  had  thought  proper  to  assert  the  exisU 
ence  of  large  inlets,  communicating  with   a  mediterranean   sea,  and 
extensive  rivers  with  safe  and  convenient  ports." 

Captain  Gray,  satisfied  that  he  had  discovered  the  mouth  of  a  great 
river,  determined,  if  possible,  to  enter  it  with  his  ship.  On  the  11th  of 
May  he  succeeded,  and  sailed  up  about  twenty  miles,  where  he  remained 
a  week,  trading  with  the  natives.  Tl.is  opening  in  the  coast  had  been 
seen  by  Hcje.^  in  1775,  and  the  coast  had  been  examined  by  Meares, 
in  1788  ;  but  the  latter  left  it,  under  the  conviction  that  no  river  emptied 
its  waters  into  the  ocean  in  that  bay.  He  called  it,  therefore.  Deception 
Bay,  and  the  cape  on  the  northern  side.  Cape  Disappointment.  Gray 
called  the  extremity  of  the  land  on  the  south  side  of  the  entrance  of  the 
river,  Capo  Adams,  and  the  one  on  the  north  side.  Cape  Hancock.  The 
river  he  named  Columbia,  after  his  ship.     The  following  October  Captain 


18 


DISCOVERY  OP  OF.EGON. 


■'r 

:i 


I 


Vancouver,  having  learned  from  Quadra,  the  Spanish  officer  in  command 
at  Nootka,  to  whom  Gray  had  communicated  his  Jiscoveriea,  that  a  great 
river  actually  existed  in  latitude  46°  16',  sent  Captain  Broughton  in  the 
Chatham  to  explore  it.  On  his  arrival  at  tlio  mouth  of  the  river,  he  found 
lying  at  anchor  there  the  brig  Jenny  from  Boston,  which  had  sailed  from 
Nootka  a  few  days  previous.  Finding  the  channel  too  intricate,  Brough- 
ton left  his  vessel  at  the  mouth  of  the  river,  and  proceeded  up  in  his 
cutter  nearly  one  hundred  miles.  On  the  10th  of  Novenbor,  the 
Chatham  quitted  the  Columbia,  in  company  with  the  Jenny,  and  sailed 
for  the  bay  of  San  Francisco,  where  she  arrived  before  the  jnd  of  the 
month. 

In  the  meantime,  Nootka  had  again  been  occupied  by  the  Spaniards. 
Don  Franci^o  Eliza  had  been  sent  from  Mexico  in  1790,  and  made  an 
unsuccessful  attempt  to  explore  the  Straits  of  Fuca.  In  1792,  tlie  Span- 
iards  had  endeavored  to  form  a  settlement  on  the  other  side  of  the  Straits 
of  Fuca.  This  place  they  soon  after  abandoned,  on  account  of  the  iase- 
curity  of  the  anchorage  and  tl«5  difficulty  of  obtaining  provisions.  In 
the  spring  of  1792,  the  Spanish  authorities  sent  three  vessels,  the  corvette 
Aranzaza,  and  two  small  sloops,  tlie  Sutil  and  Mexicana,  from  Mexico, 
to  examine  certain  parts  of  the  coast  that  had  not  been  visited  by  Malas- 
ina,  who  had  circumnavigated  the  globe  in  the  years  179i,  '92,  and  '93. 

This  expedition,  and  otliers  sent  out  by  Spain,  explored  the  groups  of 
islands  and  main  land  lying  between  Vancouver's  Island  and  latitude  55° 
north. 

In  August,  1792,  after  the  arrival  of  Vancouver  at  Nootka,  nogotia- 
tions  were  commenced  between  him  and  Quadra,  the  Spanisli  military 
wovernor  of  Nootka,  respecting  the  transfer  of  the  land,  tenements,  etc., 
claimed  by  Great  Britain.  They  were  unable  to  agree  upon  what  was  to 
be  restored,  according  to  the  provisions  of  the  treaty,  and  the  matter  was 
left  in  statu  quo;  the  whole  affair,  with  what  additional  information  they 
could  obtain,  being  submitted  to  their  respective  governments.  It  may  be 
well  here  to  remark,  that  it  was  never  after  even  acted  upon.  In  Octo- 
Ijer  following,  Vancouver  left  Nootka  for  the  southward.  Captain  Quadra 
departed  for  Monterey,  and  the  Columbia  and  brig  Hope  sailed  iiomc- 
ward,  via  Canton.  Subsequently,  the  British  government  sent  out  Cap- 
Uin  Broughton,  the  late  commander  of  the  Chatham.  He  left  Provi- 
dence in  October,  1794 ;  and  in  April,  1796,  he  arrived  at  Nootka.  But 
the  Spaniards  had  left,  "  having  previously  delivered  up  the  port  of  Nootka 
to  Lieutenant  Pierce,"  who  had  been  dispatched  from  England  to  Nootka, 
by  the  way  of  Mexico.  This  account  is  given  by  Broughton,  in  his  jour- 
nal of  his  voyage,  page  50.  Belsham,  however,  says  in  his  History  of 
Great  Britain,  vol.  viii.,  page  337  :  "  //  is,  nevertheless,  certain,  from 
the  most  authentic  subsequent  information,  that  the  Spanish  flag,  fly iitg  at  the 
port  andseUlement  of  Nootka,  was  never  struck;  and  tluit  the  whole  terri- 
tory Jias  been  virtually  relinquished  by  Great  Bri^ftin." 

In  the  meantime,  while  the  surveys  and  exploratioas  of  the  coast  were 


DISCOVERY   OF  OREGON. 


in  command 

that  a  great 

ghton  in  the 

vcr,  he  found 

sailed  from 

ate,  Brough- 

f.d  up  in  his 

vei  iber,   the 

',  and  sailed 

jnd  of  the 

e  Spaniards, 
ind  made  an 
2,  tlie  Span- 
)f  the  Straits 

of  the  inse- 
avisioiis.     In 

the  corvette 
Tom  Mexico, 
d  by  IMalas- 
'92,  and  '93. 
he  groups  of 
1  latitude  55° 

tka,  nogotia- 
lish  military 
lements,  etc., 
what  was  to 
e  matter  was 
rmation  they 
1.  It  may  be 
in.  In  Octo- 
plain  Quadra 
sailed  iiomc- 
sent  out  Cap- 
e  left  Provi- 
>Iootka.  But 
ort  of  Nootka 
lid  to  Nootka, 
n,  in  his  jour- 
is  History  of 
certain,  from 

le  whole  terri- 

le  coast  were 


1» 

The 


in  progress,  two  or  three  expeditions  were  undertaken  over  land, 
object  in  view,  was  to  advance  the  interest  of  the  fur  companies. 

Alexander  Mackenzie,  a  Scotchman  in  the  employ  of  the  Northwest 
Fur  Company,  left  their  westernmost  post,  at  Athabaska  Lake,  near  the 
fifty-ninth  parallel  of  north '  latitude,  and  about  eight  hundred  miles  be- 
vend  Lake  Superior.  He  proceeded  in  a  boat  down  the  Slave  River, 
which  runs  out  of  the  lake  directly  northward,  and  descended  into  the 
Great  Slave  Lake.  Thence  he  continued  northwestward  down  another, 
and  much  larger  stream,  to  which  he  gave  his  own  name,  and  followed  it 
to  its  termination  in  a  sea,  69°  north  latitude.  He  then  returned  to  Fort 
Chippewyan,  the  establishment  on  Athabaska  Lake. 

In  October,  1793,  Mackenzie  ascended  the  Peace  River,  a  stream  emp- 
tying  into  the  Lake-of-the-Hills,  or  Athabaska  Lake,  as  it  is  most  gener- 
ally  called,  and  followed  it  to  its  sources  among  the  Rocky  Mountams. 
Crossing  the  mountains,  he  embarked  upon  another  large  stream,  called 
the  Tacootchce,  which  he  descended  a  short  distance,  and  then  makmg 
directly  westward,  reached  the  Pacific,  July  22nd,  1793,  in  latitude  52° 

•.W  north.  ,     o    • 

For  nearly  twenty  years  after  the  declaration  of  war  by  bpam  agamst 
(Jreat  Britain,  in  1790,  no  event  of  any  importance  took  place,  in  regard 
to  the  settlement  or  occupation  of  the  Territory  of  Oregon.  In  1803, 
January  18th,  President  Jefferson  sent  a  confidential  message  to  Congress, 
recommending  the  examination  of  the  northwestern  part  of  America. 
An  undertaking,  known  as  the  expedition  of  Lewis  and  Clarke,  was  the 
result.  Tiicse  officers  were  instructed  to  explore  the  River  Missouri  and  Us 
principal  branches  to  their  sources,  and  then  to  trace  to  its  termination,  in 
the  Pacific,  some  stream,  the  Columbia,  Oregon,  Colorado;  or  any  other 
which  mlHit  offer  a  practical  water  communication  across  the  Contment. 

In  accordance  with  their  instructions,  Lewis  and  Clarke  set  out  on  the 
expedition  the  14th  of  May,  1804.  In  the  summer  of  1805,  they  crossed 
the  Rocky  Mountains.  On  the  15th  of  November,  the  party  under  their 
command  landed  at  Cape  Disappointment,  having  passed  down  the  Lewjs 
to  its  junction  with  the  Columbia,  and  thence  down  the  Columbia  to  the 
ocean.  The  winter  of  180i>-«  was  spent  at  Fort  Clatsop,  on  the  south 
side  of  the  Columbia.  This  was  the  first  party  of  whites  that  ever  trav- 
ersed  the  Oregon  Territory ;  nor  did  a  British  subject  ever  visit  any 
part  of  the  country  drained  by  the  Columbia,  untit  the  summer  of  1811. 
In  the  spring  of  1806,  Mr.  Simon  Frazer  and  other  persons  in  the  employ, 
incnt  of  the  Northwest  Company,  established  tiie  first  British  trading 
post  on  the  west  side  of  the  Rocky  Mountains,  near  the  54th  parallel  of 
north  latitude,  on  the  border  of  a  sheet  of  water  now  called  Frazer's  Lake. 

In  1808,  the  Missouri  Fur  Company,  formed  at  St.  Louis,  established 
a  trading  post  on  the  Lewis  River,  the  southern  branch  of  the  Columbia. 

In  1810,  the  Pacific  Fur  Company,  under  the  direction  of  its  originator, 
Mr.  Astor,  determined  to  make  a  settlement  on  the  coast.  On  the  23rd  of 
March,  1811,  the  ship  Tonquin,  belonging  to  the  company,  arrived  at  the 


20 


DISCOVERY  OF  OREGON. 


mouth  of  the  Columbia.  After  landing  the  goods  and  paaaengors,  a  «te 
was  selected  about  eight  miles  up  the  river,  and  was  named  in  honor  of 
th'o  projector,  Astoria.  About  four  months  afterward,  a  number  of  persons, 
under  the  direction  of  Mr.  Thompson,  the  astronomer  of  the  Northwest 
Company,  arrived  at  the  mouth  of  the  Columbia,  intending  to  take  posses- 
sion  ;  but  they  found  it  occupied  by  the  Pacific  Fur  Company.  During. 
the  summer' of  this  year,  several  trading  p<»ts  were  established  by  the 
company  in  the  interior,  the  principal  one  at  the  confluence  of  the  Okana- 
gan  with  the  Columbia,  about  four  hundred  miles  from  Astoria.  Imme- 
diately after  the  news  of  the  declaration  of  war  had  reached  Astoria,  th» 
partners  of  the  company  who  were  at  the  post,  having  ascertained  that  a 
large  armed  ship,  accompanied  by  a  frigate,  were  on  their  way  to  take 
and  destroy  everything  in  that  quarter,  agreed  to  sell  all  their  property, 
furs,  establishments,  etc.,  to  the  Northwest  Company.  During  the 
progress  of  the  negotiation,  the  British  sloop-of-war  Racoon,  entered  the 
Columbia.  The  captain  of  the  Racoon  took  possession  of  Astoria,  low- 
ered  the  American  flag,  which  was  flying  at  the  factory,  hoisted  that  of 
Britain,  and  changed  the  name  of  the  factory  to  Fort  George.  According 
to  the  first  article  of  the  Treaty  of  Ghent,  on  the  6th  of  October,  1818, 
Captain  Hicky  of  the  Brit''«-h  frigate  Blossom,  and  James  Keith,  the  super- 
intendent for  the  Northv  dt  Company  at  Fort  George,  surrendered  to 
Mr.  J.  B.  Prevost,  the  commissioner  on  the  part  of  the  United  States,  the 
settlement  of  Fort  George  or  Astoria. 
The  following  is  a  copy  of  the  act  of  delivery : 

"  In  obedience  to  the  commands  of  his  royal  highness,  the  Prince 
Regent,  signified  in  a  dispatch  from  the  right  honorable  the  Earl  Ba- 
thurst,  addressed  to  the  partners  or  agents  of  the  Northwest  Company, 
bearing  date  the  27th  January,  1818,  and  in  obedience  to  a  subsequent 
order,  dated  the  26th  of  July,  from  W.  H.  Sheriff,  Esq.,  captain  of  his 
majesty's  ship  Andromache,  we,  the  undersigned  do,  in  conformity  to  the 
first  article  of  the  Treaty  of  Ghent,  restore  to  the  Government  of  the  United 
States,  through  its  agent,  J.  B.  Prevost,  Esq.,  the  settlement  of  Fort 
George  on  the  Columbia  River.  Given  under  our  hands  in  triplicate  at 
Fort  George,  Columbia  River,  this  6lh  day  of  October. 

«  F.  HiCKY,  Captain  of  his  majesty's  ship  Blossom, 
"  J.'  Kbith,  Agent  of  the  Northwest  Company." 

The  acceptance  is  as  follows : 

"I  do  hereby  acknowledge  to  have  received,  in  behalf  of  the  Govern- 
ment of  the  United  States,  the  possession  of  the  settlement  designated 
above,  in  conformity  to  the  first  article  of  the  Treaty  of  Ghent.  Given 
under  my  hand  in  triplicate,  at  Fort  George,  Columbia  River,  this  6th 

day  of  October,  1818.  .,„.,„        •• 

,  «« J.  B.  Prevost,  Agent  of  the  United  Statet." 


DISCOVERY  OF  OREGON. 


a* 


;ers,  a  fiite 
n  honor  of 
of  persons, 
Northwest 
ike  posses- 
During 
bed  by  the 
the  Okana- 
a.  Imme- 
^storia,  th<» 
ined  that  a 
ray  to  take 
r  property, 
)uring  the 
entered  the 
itoria,  low. 
jted  that  of 
According 
)ber,  1818, 
,  the  super- 
endered  to 
States,  the 


the  Prinoc 
)  Earl  Ba- 
Company, 
subsequent 
tain  of  his 
mity  to  the 
'the  United 
nt  of  Fort 
riplicate  at 

Blossom, 
iny." 


he  Govern- 

designated 

nt.     Given 

rer,  this  6th 

1  Statea."    . 


By  the  same  Treaty  of  Ghent  it  was  also  agreed,  that  the  parties  thereto 
fihall  have,  for  a  limited  time,  equal  rights  of  trade  and  of  settlement  in 
Oregon ;  and  that  such  occupancy  as  shall  accrue  therefrom,  shall  in 
nowise  affect  the  final  settlement  of  the  title  to  the  sovereignty  of  the  Ter- 
ritory,  etc.  This  agreement  has  been  renewed,  from  time  to  time, 
since  Ihat  date — a  tenancy  in  comnion,  subject  to  be  determined  on 
twelve  months  notice  from  either  party.  The  question  of  title  is  there- 
fore an  open  one.  It  reverts  back  upon  the  questions  of  prior  discovery 
and  occupancy,  treaties  and  the  laws  of  nations,  which  we  shall  now 
proceed  to  consider. 

The  Spanish  discoveries  and  occupancy,  we  have  already  cursorily  con- 
sidered. The  British  explorations  of  the  coast,  also,  have  been  noticed 
whenever  anything  was  accomplished  on  which  that  nation  has  relied  to 
support  her  pretensions  to  the  Oregon  Territory.  And,  with  this  outline 
of  history  before  us,  we  will  proceed  to  make  use  of  it,  and  such  other 
matters  as  may  properly  belong  to  the  question  before  us,  viz :  Who  owns 
Oregon  Territory  ? 


■.  h 


■:  ■■■)■!-■ 

.  f.  :-■,: 


,  ..•  -J. 


■  }y.-  ».M'  H  .  '  .'  ,    ri 


,; ,   ,*,,  ■_AJ>:  ,■ 


CI 


f<. 

11,1  '. 
•  J  I  i 


CHAPTER  II. 

"  ■  OREGON  DOES  NOT  BBIONO  TO  ORBAT  BRITAIN. 


All  British  writers  upon  the  subject  of  the  Oregon  Territory,  assert, 
very  complacently,  that  the  right  of  prior  discovery  belongs  exclusively 
to  them.  "  In  1557,"  says  one  writer,  "  Admiral  Drake  discovered  the 
country,  and  pushed  his  discoveries  to  the  47th  degree  of  north  latitude  ; 
taking  possession  of  the  country  along  his  route  in  the  name  of  the  British 
sovereign."  That  assertion,  of  course,  occupies  the  whole  ground.  An- 
other one  says  :  "  He  (Drake)  sailed  from  38°  to  48°,  assuming  the  title 
to  the  country  by  virtue  of  a  cession  of  one  of  the  chiefs."  Now,  we  as- 
sert boldly  and  fearlessly,  that  no  direct  evidence  can  be  produced  giving 
Britain  the  least  title  to  the  right  of  sovereignty  ;  nor,  judging  from  the 
account  of  that  part  of  the  voyage  relating  to  Northwest  America,  do 
we  think  Francis  Drake  suw  the  Oregon  at  all.  The  following  brief 
sketch,  taken  from  Hakluyt's  Collection  of  Voyages,  is  all  that  is  neces- 
sary to  a  full  understanding  of  the  case : 

"  The  first  British  vessel  that  visited  the  western  coast  of  North  Amer- 
ica, was  the  Pelican,  commanded  by  Sir  Francis  Drake.  He  sailed  from 
Plymouth,  England,  in  1577,  with  five  vessels: — the  Pelican,  of  one  hun- 
dred tons ;  the  Elizabeth,  of  eighty  tons :  the  Swan,  of  fifty  tons ;  the 
Marygold,  of  thirty  tons  ;  and  the  Christopher,  of  fifteen  tons ;  carrying, 
in  all,  one  hundred  and  sixty-seven  men."  The  fleet  was  ostensibly  bound 
on  a  voyage  to  Egypt.  But,  to  use  the  words  of  the  English  writer,  "  it 
was  indeed  one  of  the  most  extraordinary  expeditions  ever  equipped."  It 
was,  in  reality,  a  piratical  expedition  against  the  subjects  of  Spain  on  the 
American  Continent.  The  intention  was  to  plunder  the  Spaniard,  explore 
unknown  regions,  and  circumnavigate  the  globe.  After  drifting  about  the 
Atlantic  for  some  time,  engaged  in  piracies  of  a  most  daring  character,  Drake 
put  into  a  harbor  on  the  coast  of  Patagonia,  to  refit  his  ships,  preparatory 
to  his  passage  through  the  stormy  Straits  of  Magellan.  Three  of  his  ships 
only  reached  the  Pacific,  and  these  soon  afterward  were  dispersed  in  a 
dreadful  gale,  and  all  lost,  except  the  Pelican  and  sixty  men.  With  this 
craft,  Drake  sailed  up  the  western  coast  of  America ;  and,  as  the  Span- 
iards were  unprepared  to  resist  him,  either  by  land  or  sea,  he  plundered 
their  towns  and  ships  with  little  difficulty.  In  the  spring  of  1579,  after 
sacking  the  town  of  Guatulco,  he  determined  to  return  to  England.  Being 
fearful  of  meeting  some  Spanish  vessels  if  he  should  return  through  the 
Straits  of  Magellan,  he  concluded  to  cross  the  Pacific  and  double  the  Cape 


ritory,  assert, 
I  exclusively 
iscovered  the 
trth  latitude  ; 
of  the  British 
[round.  An- 
iiiiig  the  title 
Now,  we  as- 
)duced  giving 
ing  from  the 
America,  do 
lowing  brief 
that  is  neces- 

North  Amer- 
e  sailed  from 
1,  of  one  hun- 
(ly  tons ;  the 
is;  carrying, 
ensibly  bound 
ih  writer,  "  it 
luipped."  It 
Spain  on  the 
niard,  explore 
iing  about  the 
iracter,  Drake 
,  preparatory 
ie  of  his  ships 
dispersed  in  a 
n.  With  this 
,  as  the  Span- 
he  plundered 
)f  1579,  after 
igland.  Being 
n  through  the 
uble  the  Cape 


DRITISH   CLAIM   TO  (IREC.ON.  M 

of  Good  IIopo.  IIo  left  Guatulco,  therefore,  on  the  Iflth  of  April,  and 
■ailing  to  the  northward,  Ih  reported  to  have  readied  the  42nd  parallel  of 
latitude  on  the  26th  of  June,  when  the  violence  of  tlie  northwest  winds 
drove  him  on  the  Californian  coast,  where  ho  is  said  to  have  anchored. 
Findinir  his  berth  insecure,  it  in  pretended  that  he  proceeded  south  to  the 
Bay  oi^nodofra,  or  its  vicinity,  in  latitude  39°,  where  lie  remained  from  the 
17th  Juno  to  tlie  23rd  .Tuly,  repairing  his  vessel  and  examining  the  surround- 
ing  country.  The  natives,  who  are  alleged  to  have  come  in  crowils  to 
>,ce  the  vessel,  .it  first  exhibited  a  hostile  attitu<le  ;  but  the  conduct  of  Drake 
and  his  men  was  so  conciliatory,  as  to  win  upon  the  affections  of  the  sav- 
ages  to  sucli  a  degree,  that,  when  he  was  al)out  to  leave,  the  fable  says, 
tlicy  be<Trrod  liiin  to  remain  among  th(«m  os  their  king.  To  this  proposi- 
tion,  of  course,  Drake  did  not  assent.  lie,  however,  accepted  the  •>  crown 
nf  ffutlicrs,"  a  marvellous  long  ciiain,  and  some  otiier  insignia  of  savage 
niyivlty  In  ine  words  of  Ilakluyt,  "  he  did  not  think  meet  to  reject,  as 
he  did")  ot  know  wliat  iionor  or  profit  it  miglit  be  to  his  country."  He 
gave  the  name  of  Now  Albion  to  his  newly  acquired  territory.  Thus  runs 
the  tale  of  this  fictitious  discovery.  It  is  stated  that  Drake  left  the  coast 
on  the  23rd  July,  touclied  at  tlie  Philippine  Islands  on  tlie  notii  Septem- 
ber, 1570,  and  arrived  in  England  on  the  2.')th  September,  ir>80. 

There  are  two  narrratives  of  the  expedition  of  Drake  to  the  nortliwcst 
coast  of  America.  1st.  "  The  Famous  Voyage  of  Sir  Francis  Drake  into 
the  South  Sea,  and  then,  hence,  about  the  whole  globe  of  the  earth  ;  be- 
gun in  the  year  of  our  Lord  1577  ;"  published  in  London  by  Ilakluyt, 
Ui  1589.*  2nd.  "  The  World  Encompassed  by  Sir  Francis  Drake,  collected 
out  of  the  notes  of  Mr.  Francis  Fletcher,  Preacher  in  this  employment ; 
and  compared  with  divers  others'  notes  that  went  in  tlie  same  voyage." 

"in 'the  first  accounts,  published  in  England,  of  this  expedition,  the  4:3rd 
degree  of  north  latitude  is  named  as  the  farthest  degree  north  that  was 
reached  by  Drake.  On  the  title  page  of  Hakluyt's  work,  and  in  his  ac- 
count page  523,  vol  iii.,  this  is  distinctly  set  forth.  Purohas,  in  his  «  Pil- 
grims  "  also  mentions  the  43rd  degree  as  the  northerly  limit  of  his  dis- 
coverics.  Subsequently,  however,  English  historians  mention  the  48th  de- 
cree.! The  reason  is  obvious— the  closing  paragraph  of  the  account  of  the 
^  Famous  Voyage,"  given  by  Hakluyt,  is  a  full  explanation.  After  nar- 
ratintr  the  circumstances  of  the  visit  of  Drake  to  New  Albion,  and  of  his  ac- 
cepta°ncc  of  the  sovereignty,  he  says :  "  It  seemeth  that  the  Spaniards  had 
never  been  in  this  part  of  the  coast ;  neither  did  they  ever  discover  the  land 
bv  many  degrees  to  the  southward  of  this  place."  The  discoveries  of  Ca- 
brillo  and  Ferrelo  had  been  kept  a  secret,  by  the  Spaniards,  so  that  they 
were  not  known  in  England,  until  after  Hakluyt  had  published  his  work 
in  1589  ;  and  the  43rd  degree  north,  was  supposed  to  be  far  enough  to  give 

•  ii»kli„t'.  roUecUon,  vol.  Ui..  page  583.       t  Cbome'i  CollMtion  of  Voyngw,  toI.  ii.,  page  «4. 
t^Jot^^Uan  ."caption.    In^hSTuft  of  SUPmncU  D™ke.  .h.  43«1  deg«»  i.  «.un.«d  «  U«  uh.- 
tAtum  of  luB  northing. 


24 


BRITISH  CLAIM  TO   OREGON. 


11 


tho  Knglish  some  litlo  to  territory  in  Northwest  America.  When,  how- 
ever, it  became  known  that  tho  Spaniards  had  pushed  their  discoveries  to 
tho  44th  degree,  EnglJHh  historians  and  compilers  inserted  forty-eight  do> 
grccs  instead  of  forty-three.  Admiral  Sir  William  Manson,  in  his  "  Na- 
val  Tracts,"  published  in  1719,  remarks  :  "  Drake,  aftci-  soiling  from  the 
16th  of  April  to  the  Sth  of  June,  arrived  in  48°  north  ;  and  seeing  land, 
ho  named  it  New  Albion."  And  ho  further  states,  "  that  tho  inhabitants 
were  living  there  in  great  extremity  oi  cold  and  want." 

We  will  now  give  the  following  extracts,  from  these  P^ngli-sh  authors, 
relative  to  these  discoveries  ;  and,  after  making  a  few  comments,  leave  it 
to  tho  reader  to  judge  what  claims  tlio  English  have  to  Oregon  Territory, 
from  this  piratical  expedition  of  Sir  Francis  Drake. 

From  vol.  iii.,  page  523,  Hakluyt's  English  Navigator,  we  have  tho  fol- 
lowing paragra|>h : 

"  The  5th  day  of  June,  being  in  43°  of  tho  pole  Arctic,  being  speedily 
come  out  of  the  extreme  heat,  we  found  the  air  so  cold  that  our  men,  being 
pinched  with  tho  same,  complained  of  the  extremity  thereof;  and  the  fur. 
ther  wo  went,  the  more  the  cold  increased  upon  us.  Wherefore,  for  that 
time,  we  thought  it  best  to  seek  the  land,  and  did  .so,  fmding  it  not  maun- 
tainous,  but  low,  plain  land  ;  and  wo  drew  back  again,  without  landingi 
till  wo  camo  within  38°  toward  the  line,  in  which  height  it  pleased  God  to 
send  us  into  a  fair  and  good  bay,  with  a  good  wind  to  enter  the  same.  In 
this  bay  we  anchored  on  the  17lh  of  June." 

The  following  extract  is  from  Purchas's  Pilgrimage,  book  2nd,  page  52. 

"  The  fifth  day  of  June,  being  in  three-and-orty  degrees  toward  the 
pole  Artie,  we  found  the  air  so  cold  that  our  men,  being  grievously  pinched 
with  the  same,  complained  of  tho  extremity  thereof;  and  the  further  we 
went  the  more  tho  cold  increased  upon  us.  Wherefore,  v.o  thought  it 
best,  for  that  time,  to  seek  the  land,  and  did  so,  finding  it  not  mountainous, 
but  low,  plain  land,  till  we  came  within  eight-and-thirty  degrees  toward 
the  line,  in  which  height  it  pleased  God  to  send  us  into  a  fair  and  good 
bay,  with  a  good  wind  to  enter  the  same." 

The  following  extracts  are  from  tho  "  World  Encompassed  :" 

"From  Guatulco  we  departed,  April  15,  setting  our  course  directly  into 
the  sea ;  whereupon  we  sailed  five  hundred  leagues  in  longitude  to  get  a 
wind,  and,  between  that  and  the  3rd  of  June,  one  thousand  four  hundred 
leagues  in  all,  till  we  came  into  the  latitude  of  42°  north  ;  where,  in  the 
night  following,  we  found  such  an  alteration  of  the  heat  into  extreme  and 
nipping  cold,  that  our  men,  in  general,  did  grievously  complain  thereof. 
•**  It  came  to  that  extremity  that,  in  sailing  but  two  degrees  farther  to 
the  northward  in  our  course.  •  ♦  ♦  ♦  Our  meat,  as  soon  as  it  was  removed 
from  the  fire,  would  presently,  in  a  manner,  be  frozen  up  ;  and  our  ropes 
and  tackling,  in  a  few  days  were  grown  to  that  stiflTness,  that  what  three 
men  before  were  able  to  perform,  now  six  men,  with  their  best  strength 
•nd  utmost  endeavor,  were  hardly  able  to  accomplish.  ♦  *  *  •    The  land, 


--irtis.'rirc'.jpHri-r^*  srts^-.Aram: 


nillTISII  CLAIM   TO  OREGON. 


!I5 


Whon,  how. 
(liHcnvorics  to 
'oTly■c\(^h\.  do- 
,  in  his  "  Na. 
ling  from  the 
1  Mci!ing  land, 
0  inhabitants 

;lish  authors, 
icnts,  leave  it 
on  Territory, 

have  the  ful* 

sing  speedily 
ijr  men,  being 
and  the  fur> 
ifore,  for  that 
[  it  not  moun> 
liout  landing* 
leased  God  to 
he  same.     In 

2nd,  page  52. 
s  toward  the 
3usly  pinched 
\e  further  we 
Vii  thought  It 
mountainous, 
!grccs  toward 
fair  and  good 

d:" 

!  directly  into 
itude  to  get  a 
four  hundred 
where,  in  the 
extreme  and 
plain  thereof. 
3es  farther  to 
was  removed 
ind  our  ropes 
Eit  what  three 
best  strength 
«    The  land) 


in  that  i>art  of  America,  bearing  farther  out  into  the  west  than  wo  before 
Imagined,  wo  were  nearer  on  it  than  we  wore  aware,  and  yot,  tlio  nearer 
still  we  camn  unto  it,  the  more  oxtromity  of  cold  diil  seize  upon  us.     The 
5th  (loy  of  June,  we  were  forced   by  contrary  winds  to  run  in  with  lUo 
shore,  which  wo  then  first  descried,  and  to  cast  anchor  in  a  buil  bay,  iho 
best  road  we  could  at  pn>senl  innot  with ;  where  wo  wore  not  without 
some  (lunger,  !)y  reason  of  the  many  gusts  and  fl:iws  that  bciat  upon   us, 
•♦*  ♦     In  this  place  wus  no  abiding  lor  us,  and  to  go  farther  norlli,  tin 
extremity  of  the  cold  would  not  permit  us  ;  and  the  winds  directly  boa 
against  us,  having  onuc  gotten  us  under  sail  again,  commanded  us  to  tai 
soulhwunl,  wheth.-r  \vr.  would  or  no.     Kroin  the  height  of  4H°  in  which  wi 
now  were,  to  '.\H°,  we  found  the  land,  hy  rodslint;  ahmfi  it,  to  be  low  am 
reasonably  plain,  every  hill,  whereof  we  mw  many,  hut  nonk  veiiv  iiioh. 
though  it  were  in  June,  and  the  sun  in  his  nearest  approach  unto  thorn, 
being  covered  with  snow.     In  'M"  30',  we  fell  in  with  a  convenient  and 
fit  harbor ;  and,  June  I7th,  camn  to  anchor  therein,  wliero  wo  coiitiiuiod 
till  the  '2;}rd  of  July;  during  all  which  time,  nolwith.itandinft  it.   was  the 
height  of  summer,  and  so  near  the  sun,  yet  we  were  constantly  visited  with 
like  nipping  cold  as  we  had  fell  hforr  ;  neither  eould  we,  at  any  time  in  the 
whole  fourteen  d'lys  together,  find  the  air  so  clear  as  to  be  able  to  take  the 
height  of  sun  or  star.  *  »  *  *     How  unhandsome  and  deformed  appeared  the 
face  of  the  earth  itself,  showing  trees  without  leaves,  and  the  ground  without 
'greenness,  in  those  months  of  June  and  July.  ****     For  the  causes  of  this 
extremity  of  cold,****  the  chiofcst  wo  conceive  to  bo  the  largo  spread, 
ing  of  the  Asian  and  American  continents,  which  commences  northward 
of  these  pai-ls,  if  they  bo  not  fully  joined,  yot  seem  to  come  very  near 
each  other ;  from  whose  high  und  snow-covered  mountains,  the  north  and 
northwest  winds,  the  constant  visitors  of  these  coasts,  send  abroad  their 
frozen  nymphs.  *  *  *  *     And  that  the  north  and  northwest  winds  are  here 
constant  in  June  and  J  ;ly,  as  the  north  wind  alone  is  in  August  and 
September,  we  not  only  Ibund  it  by  our  own  experience,  but  were  fully 
confirmed  in  the  opinion  thereof  by  the  continued  observations  of  the 
Spaniards.  *  *  *  *     Though  we  searched  the  coast  diligently,  oven  unto 
the  48th  degree,  yet  found  we  not  the  land  to  trend  as  much  as  one  point, 
in  any  place,  toward  the  cast,  but  rather,  running  on  continually  north- 
west,  as  if  it  went  directly  to  meet  with  Asia." 

Above,  we  have  given  the  English  authorities  upon  which  Great  Britain 
claims  the  Oregon  Territory  by  right  of  prior  discovery.  The  part  of  the 
coast  said  to  have  been  seen  by  Drake,  is  from  38°  to  48°  north.  The  sea- 
son  of  the  year  when  this  was  seen,  was  the  summer  solstice  ;  the  face  of 
the  country  was  low  and  reasonably  plain  ;  and  the  climate  was  pinching 
cold  ;  the  hills,  and  there  were  very  many,  though  none  very  high,  were 
oov,.    '  with  snow. 

Now,  if  Great  Britain  can  find  on  the  northwest  coast  of  North  Amer- 
ica,  between  the  parallels  of  latitude  claimed  by  the  United  States,  a 
country  with  such  a  climate  and  such  a  shaped  coast,  or  such  a  tempera- 


WS.^Mi^^S^^'^'-^^  •  ■ 


26 


BRITISH  CLAIM  TO  OREGON. 


ture,  or  any  such  snow-ciad  hills — ^not  very  high  recollect,  and  the  weather 
too,  pinching  cold  in  July — why  then  to  that  country  we  will  relinquish 
all  claim,  forthwith.  The  latitude  of  the  mouth  of  the  Columbia  river  is 
46°  north,  and  the  temperature  is  as  mild  as  in  the  latitude  of  New-Or- 
leans, on  the  eastern  side  of  the  Continent,  or  as  mild  as  Boi  'oaux  in 
France.  Grass  grows  luxuriantly  in  Oregon  during  all  the  winter  months, 
even  as  far  north  as  Drake  is  said  to  have  sai.  d  ;  and  as  for  the  bay  at 
latitude  38°  north,  in  which  they  remained  from  the  17th  of  June  to  the 
23rd  of  July,  •'  in  the  height  of  summer,  and  so  near  the  sun,"  and  yet 
were  constantly  visited  whh  nipping  colds,  and  where  the  face  of  the  eartli 
was  so  deformed  and  unhandsome,  and  the  ground  was  without  greenness 
and  the  trees  without  leaves  ; — why,  in  that  latitude  nipping  colds  are 
unknown  ;  the  trees  arc  studded  with  perpetual  foliage ;  the  ground  is  one 
eternal  green  carpet,  and  snow  lias  never  been  seen  on  its  plains  or  hills. 
It  is  the  land  of  the  olive  and  the  grape  ;  the  tropical  fruits  are  indigenous 
there  ;  and  as  for  pinching  cold,  or  frosty  weather,  or  leafless  trees,  or 
snowy  hills,  they  are  alike  unknown  and  unheard  of  in  that  region.  So 
much  for  the  climate  of  the  country  Drake  i&  pretended  to  have  discovered. 
Now  with  regard  to  the  face  of  the  country.  "  From  the  height  of  48° 
north,"  the  highest  point  said  to  have  been  reached,  "  to  38°,  the  land  was 
low  and  reasonably  plain."  The  fact  is  otherwise.  The  coast  of  Ore- 
gon Territory  from  Cape  Mendocino  to  the  Straits  of  Fuca,  is  an  over- 
hanging wall  of  roi  gh  basaltic  mountains,  broken  only  at  a  few  points  by 
narrow  gapes,  the  gates  of  the  Columbia  and  other  streams  that  fall  into 
the  Pacific  Ocean.  "  Between  these  latitudes  (38°  and  48°  north,)  we 
found  the  land  not  to  trend  so  much  as  one  point  in  any  place  toward  the 
east,  but  ratner  running  continually  northwest,  as  if  it  went  directly  to 
meet  Asia."  This  description  of  the  shape  of  the  coast  of  Oregon  between 
the  latitudes  of  38°  and  48°  does  not  at  all  correspond  with  the  fact.  From 
latitude  38°  to  40°  north,  it  runs  northwesterly,  and  then  for  about  6° 
bears  generally  a  few  points  eastwardly,  and  then  runs  a  degree  or  two 
almost  due  north — thence  a  few  points  northwesterly,  and  then  trends 
eastwardly  toward  the  entrance  of  the  Straits  of  Fuca.  It  will  be  per- 
ceived, therefore,  that  if  we  should  condescend  to  allow  Drake  to  have 
seen  the  coast  of  Northwest  America  between  38°  and  48°,  his  de- 
scription of  the  shape  of  that  part  of  it  would  cast  our  condescension  back 
upon  us  as  a  most  ridiculous  absurdity.  In  truth,  that  old  chief  of  the 
Bucaneers  probably  manufactured  this  tale  to  delude  his  sovereign  ;  and 
he  succeeded  but  too  well  in  his  design.  He  was  knighted  ;  and  his  fable 
obtained  such  credence  at  the  time,  that  his  remains — stars,  garters,  and 
falsehoods,  are  exhumed  now  to  testify  against  the  right  of  America  to  the 
Oregon  Territory. 

We  have  observed  before  in  this  notice  of  Drake's  voyage,  that  owing 
to  the  silence  of  the  Spaniards  with  regard  to  their  discoveries  and  explo- 
rations on  the  northwest  coast,  it  was  not  known  in  England  for  some 
years  after  Drake  arrived  in  London,  that  Cabrello  and  Ferrelo  had  pro 


g'i»i'!W-«rria"i».fi^V'l>w>wr-'iwffj?<ng<  i>-=-*fO» 


3t,  and  the  weather 
we  will  relinquish 

Columbia  river  is 
titude  of  New-Or- 
1  as  Boi  'oaux  in 
the  winter  months, 

as  for  the  bay  at 
7th  of  June  to  the 
the  sun,"  and  yet 
le  face  of  the  eartli 
without  p;reenness 
nipping  colds  are 
;  the  ground  is  one 

its  plains  or  hills, 
lits  are  indigenous 
r  leafless  trees,  or 
1  that  region.  So 
0  have  discovered, 
the  height  of  48° 
>  38°,  the  land  was 
Che  coast  of  Ore- 

Fuca,  is  an  over- 
at  a  few  points  by 
Esams  that  fall  into 
md  48°  north,)  we 
r  place  toward  the 
t  went  directly  to 
of  Oregon  between 
th  the  fact.  From 
then  for  about  6° 
ns  a  degree  or  two 
,  and  then  trends 
a.  It  will  be  per- 
w  Drake  to  have 

and  48°,  his  de- 
ondescension  back 
it  old  chief  of  the 
lis  sovereign  ;  and 
ited  ;  and  his  fable 
■stars,  garters,  and 
t  of  America  to  the 

royage,  that  owing 

soveries  and  e^plo- 

England  for  some 

d  Ferrelo  had  pro 


BRITISH  CLAIM  TO  OREGON. 


27 


ceedcd  as  far  horth  as  the  44th  degree.    It  was  necessary  therefore,  m 
the  editions  published  afterward,  to  make  the  old  sloop  of  Drake  s  sail  a 
little  faster,  so  as  lo  proceed  a  little  farther  north  in  the  given  time.    Dates 
belon<T  to  the  class  of  stubborn  facts  wjiich  cannot  be  readily  set  aside. 
Let  us  attend  to  them.     In  the  earlier  accounts,  Drake's  vessel,  on  the 
3rd  of  June,  was  in  latitude  42°,  and  on  the  5th  of  June,  forty-eight  hours 
afterward,  had  beat  up  against  strong  head  winds  andnipping  cold,  withal, 
about  a  degree  ;  which,  for  an  old  iU-rigged  sloop  of  the  sixteenth  century 
was  reasonably  fast  sailing.     But  as  this  would  not  give  the  title  to  Great 
Britain,  it  was  necessary  to  beat  up  a  few  degrees  farther  ;  and  in  sub- 
sequent  notices  of  Drake's  voyage,  he  is  said  to  have  reached  the. 48th 
de-rree  of  north  latitude,  making  from  six  to  seven  hundred  miles  m  two 
days'  sailing,  against  contrary  winds,  in  that  old  sloop  ! !     Will  any  one 
.suppose,  for  a  moment,  such  an  account  to  be  in  accordance  with  f^ctsl 
Does  it  bear  upon  the  face  of  it  the  least  shade  of  consistency  ?     But 
there  is  no  need  of  comment.     The  English  claim  Oregon  Territory  by 
virtue  of  the  prior  discovery  of  Sir  Francis  Drake,  and  their  authority  we 
have  just  given.     If  a  coast,  trending  as  Drake  made  it  to  the  north. 
west,  so  as  to  meet  Asia,  can  be  found  beetween  33°  and  48°  north-if  ft 
climate  such  as  he  has  described,  is,  or  by  any  possibility  can  be  consid. 
ered  the  climate  of  Oregon  Territory,  then  we  may  look  at  this  matter  in 
another  light ;  until  then,  we  assert  that  Sir  Francis  Drake  could  nol 
have  seen  any  part  of  the  coast  of  Oregon  in  June  and  July,  ir»79. 

Next  in  order  to  the  claim  of  priority  of  discovery  under  Drake,  comes 
Britain's  claim  of  priority  of  occupation,  founded  on  the  operations  of  John 
Meares,  at  Nootka  Sound.  Before  proceeding  to  make  any  remarks  upon 
this  claim,  the  following  brief  sketch  of  the  voyages  of  Meares,  taken  from 
his  own  account,  published  at  London  in  1790,  will  be  given,  in  order  that 
the  reader  may  well  judge  upon  what  grounds  we  pronounce  this  claim 
by  occupation,  frivolous  and  absurd.* 

In  the  preface  to  the  volumes  put  forth  by  John  Meares,  he  says:  "  In. 
deed,  I  feel  it  a  duty  I  owe  myself,  as  well  to  moderate  the  sanguine  ex. 
pectations  which  may  have  arisen  respecting  the  history  of  these  voyages, 
in  which  I  have  been  engaged,  and  may  be  said  to  have  conducted,  fhat 
they  were  voyages  of  coMMKitCE  and  not  of  discovery,  and  any  novelty 
that  may  have  arisen  out  of  ihcin,  forms  as  it  were,  an  incidental  part  of 

a  commercial  undertaking."  ,  „  .i  „♦  m» 

In  January,  1786,  Meares  induced  some  Portuguese  gentlemen  at  Ma- 
cao  to  fit  out  two  vessels,  for  the  purpose  of  prosecuting  the  fur  trade  on 
the  northwest  coast  of  America.  The  one  called  the  Nootka,  in  which 
he  himself  sailed,  and  a  sloop,  called  the  Sea  Otter,  in  which  was  another 
British  subject,  named  William  Tipping,  a  lieutenant  in  the  royal 
navy.  The  Nootka  reached  ihe  coast  of  North  America  in  September, 
and  spent  the  winter  in  Prince  William's  Sound.  The  Sea  Otter  was 
never  heard  of  after  leaving  Macoa.    The  scurvy  made  sad  ravages 

*  Meuw'i  Voytge,  printed  at  Loodow,  .!790. 


^^sn^fs'&iS'' 


■■4t 


S3 


Ni 


39 


BRITISH  CLAIM  TO  OREGON. 


among  the  ci-ew  of  the  Nootka  while  at  Prince  William's  Sound,  and 
after  sufiering  severely  from  sickness,  Meares  returned  to  Macao,  in  Feb- 
ruary, 1787. 

Not  at  all  daunted, by  this  mishap,  in  January,  1788,  two  other,  vessels 
were  fitted  out  at  Macao,  for  another  trading  voyage  to  the  northwest 
coast.  These  were  the  Felice  and  Iphigenia.  Theses  vessels  belonged 
to  a  number  of  individuals,  resident  at  Macao.  In  the  letter  of  instruc- 
tions which  they  gave  to  Meares  when  he  left,  they  signed  themselves 
"  Merciiant  Proprietors."  These  vessels  were  commanded  by  Portuguese 
captains  ;  sailed  under  the  Portuguese  flag,  and  were  furnished  with  Par. 
tuguese  passports  and  papers  ;  and  the  vessels  were  represented  to  be  the 
property  of  Juan  Cavallo,  a  well  known  Portuguese  merchant  of  Macao. 
The  instructions  for  the  conducting  of  the  voyage,  and  for  the  procuring 
of  furs,  were  written  in  the  Portuguese  language.  The  following  is  a 
translation  of  the  concluding  paragraphs: 

"  The  Instrttctions  of  the  Merchant  Proprietors,  to  John  Meares  : 

"  *  *  *  *  Should  you,  in  the  course  of  your  voyage,  meet  with  any 
Russian,  English,  or  Spanish  vessels,  you  will  treat  them  with  civility 
and  friendship,  and  allow  them,  if  authorized,  to  examine  your  papers, 
which  will  show  the  object  of  your  voyage.  But  you  must,  at  the  same 
time,  guard  against  surprise.  Should  they  attempt  to  seize  you,  or  even 
carry  you  out  of  your  way,  you  will  prevent  it  by  every  means  in  your 
power,  and  repel  force  by  force.  You  will  on  your  arrival  in  the  first  ■port, 
protest  before  a  proper  officer  against  such  illegal  procedure  ;  and  ascertain 
as  nearly  as  you  can  the  value  of  your  vessel  and  cargo,  sending  such  pro- 
test, with  a  full  account  of  the  transaction  to  vs  at  China.  Should  you  in 
such  conflict  have  the  superiority,  you  will  then  take  possession  of  the  vessel 
that  attacked  yot^,  as  also  her  cargo,  and  bring  both,  with  the  officers  and 
crew  to  China,  that  they  may  be  condemned  as  legal  prizes  and  their 
CCEWS  PUNISHED  AS  PIRATES.  Wishing  you  a  prosperous  voyage,  etc. 
(Signed)  "  The  Merchant  Proprietors." 

Substantially,  the  same  instructions  were  given  by  Meares  himself,  to 
Douglass,  the  supercargo  of  the  Iphigenia. 

From  Macao,  the  Iphigenia  sailed  for  Cook's  river,  while  Meares,  in 
the  Felice,  proceeded  to  Nootka  Sound.  He  arrived  at,  and  entered 
Friendly  Cove,  the  13th  of  May.  In  order  to  facilitate  the  objects  of  the 
voyage,  immediately  on  his  arrival  he  commenced  constructing  a  small 
vessel,  of  about  forty  tons,  which  he  intended  should  be  used  in  procuring 
furs  in  the  sounds,  bays,  and  inlets,  in  the  vicinity  of  Friendly  Cove. 
As  it  was  necessary  to  have  some  temporary  shelter  for  the  workmen, 
and  for  the  people  who  were  to  be  left  at  the  cove  until  the  voyage  was 
completed,  permission  was  obtained  from  the  chief  of  that  part  of  the 
coast  to  select  a  plot  of  ground  on  which  to  erect  a  house ;  in  consid- 
eration of  which  privilege,  and  of  the  further  promise  on  the  part  of  the 


BRITISH  CLAIM  TO  OREGON. 


29 


I's  Sound,  and 
Macao,  in  Feb- 

J  other,  vessels 
the  northwest 
ssels  belonged 
iter  of  instruc- 
ed  themselves 
by  Portuguese 
shed  with  For. 
tented  to  be  the 
ant  of  Macao. 
the  procuring 
following  is  a 

roHN  Mearbs  : 

fleet  with  any 
with  civility 
your  papers, 
st,  at  the  same 
e  you,  or  even 
means  in  your 
I  Ike  first  'port, 
and  ascertain 
ling  such  pro- 
Should  you  in 
n  of  the  vessel 
le  officers  and 
izES  and  their 
oyage,  etc. 

BPRIETORS." 

res  himself,  to 

ile  Meares,  in 
,  and  entered 
!  objects  of  the 
noting  a  small 
i  in  procuring 
riendly  Cove, 
the  workmen, 
le  voyage  was 
at  part  of  the 
le ;  in  consid- 
he  part  of  the 


chief,  to  protect  the  party  to  bo  left,  he,  Maquilla,  received  from  Meares 
a  pair  of  pistols,  and  an  assurance,  that  when  the  traders  should  leave 
the  coast,  the  grounds,  with  the  house  and  furniture  should  revert  back, 
and  become  the  property  of  the  chief.     The  building  was  finished  by  the 
28th  of  May.     This  building,  Supercargo  Douglass,  Meares's  subaltern  of 
the  Iphigenia,  pulled  to  pieces,  previous  to  sailing  for  the  Sandwich  Islands, 
in'  1788.     The  boards  he  took  on  board  the  Iphigenia,  and  the  roof  he 
gave  to  Captain  Kendrick,  who  cut  it  up  and  used  it  as  firewood  on  board 
the  Columbia.     And  thus  was  this  hut,  or  factory,  destroyed,  and  the 
premises  abandoned  by  the  persons  who  established  it ;  so  that  when  the 
Spaniards  arrived  at  Nootka.  us  related  on  page  10,  there  was  no  vestige 
of  any  house  remaining.     We  have  been  thus  explicit  with  regard  to  the 
contract  between  Maquillaand  Meares,  and  the  house  that  was  built,  be- 
cause  the  English  writers  on  the  subject  of  the  claims  of  Great  Britain  to 
the  Oregon  Territory,  all  lay  great  stress  upon  the  settlement  of  Nootka 
Sound,  and  the  taking  possession  of  the  country  round  the  Straits  of  Fuca, 
and,  as  some  late  writers  have  it,  the  establishment  of  afactory,  by  Captain 
John  Meares.     Now,  according  to  the  evidence  of  two  disinterested  witnes- 
ses,  who  were  on  the  spot  at  the  time,  there  was  no  factory,  no  settlement,  nor 
the  vestige  of  a  house,  when  the  Spaniards  arrived  to  take  possession  of  the 
country.  And  with  regard  to  any  land  purchased  by  Meares  from  Maquilla 
and  the  other  chiefs,  these  chiefs  all  asserted  that  Captain  Kendrick,  tlu 
American,  was  the  only  person  to  whom  they  had  sold  land.     In  Meares's 
instructions  to  Colnett,  who  arrived  in  Nootka,  July,  1789,  there  is  no 
mention  made  of  these  factories  or  seUlements  ;   Nor  does  Douglass,  of 
the  Iphigenia,  say  anything  that  would  go  to  prove  the  possession  of  houses 
and  lands.     Here  is  what  Meares  himself  says:  "  Maquilla,"  (vol.  1  p. 
82,)  "  had  not  only  most  readily  consented  to  grant  us  a  spot  of  ground 
in  his  territory,  whereon  a  house  might  be  built  for  the  accommodation  of 
the  people  we  intended  to  leave  there,  but  he  had  promised  us  his  assist- 
ance  in  forwarding  our  works,  and  his  protection  for  the  party  who  were 
destined  to  remain  at  Nootka  during  our  absence.     In  return  for  this 
kindness,  and  to  insure  a  continuance  of  it,  we  presented  the  chief  with 
a  pair  of  pistols."     He  goes  on  to  say :  "  The  house  was  completed  by 
the  28th  May,  a  breastwork  thrown  up  and  a  cannon  mounted,  that  com- 
manded the  village."     The  keel  of  a  small  vessel  of  about  forty  tons  was 
then  laid,  with  which,  when  built,  they  intended  to  cruize  in  the  vicinity 
for  Otter  skins.     In  connection  with  this  subject  he  further  says,  (page 
210,)  "  On  the  eve  of  the  departure  of  the  Felice,  as  an  inducement  for 
Maquilla  to  protect  the   party  we  intended  to  leave  at  Nootka,  he  was 
promised,  that  when  we  finally  left  the  coast,  he,  Maquilla,  should  enter  into 
full  possession  of  the  house,  and  all  the  goods  and  chattels  thereunto  be- 
longing.'^ 

In  May,  1788,  Meares,  leaving  a  part  of  his  crew  at  Friendly  Cove, 

sailed  in  the  Felice  toward  the  south.     After  an  unsuccessful  attempt  to 

»nlore  the  Straits  of  Fuca,  and  to  discover  the  mouth  of  the  San  Roque,  he 


i 


r 


1 


ti;. 


m 


30 


BRITISH  CLAIM  TO  OREGON. 


returned  to  Nootka  Sound.  September  17th,  1797,  the  sloop  Washington, 
Captain  Gray,  arrived  there  from  Boston.  The  small  vessel  commenced 
by  the  crew  of  the  Felice,  was  launched,  and  named  the  Northwest 
America. 

The  24th  September,  the  Iphigenia  arrived  at  Nootka  from  the  northern 
coasts,  laden  with  furs.  These  Captain  Meares  put  on  board  of  his  own 
ship,  the  Felice,  and  left  Nootka  Sound  for  Macao,  September  28th,  1788. 

In  October  the  ship  Columbia,  Captain  Kendrick,  arrived  from, Boston, 
and  the  Iphigenia  and  Northwest  America  left  for  the  Sandwich  Islands  ; 
the  American  vessels  remaining  through  the  winter  at  Nootka. 

December  5th,  1788,  the  Felice  arrived  in  Canton.  A  few  days  after- 
ward two  vessels,  the  Prince  of  Wales  and  the  Princess  Royal,  arrived 
at  Macao  from  the  northwest  coast.  They  had  been  fitted  out  by  a  Lon- 
don company,  the  "  King  George's  Sound  Company,"  and  were  under  the 
command  of  Captain  James  Colnctt,  and  the  agent  of  this  company,  who 
was  acting  supercargo  of  one  of  the  vessels.  Meares  formed  a  partner* 
ship  with  these  men,  making  all  the  vessels  engaged  in  the  fur  trade  a 
joint  stock.  After  this  arrangement  was  entered  into,  a  new  ship  was 
purchased  to  take  the  place  of  the  Felice.  She  was  called  the  Argo- 
naut ;  this,  with  the  Princess  Royal,  was  dispatched  to  Nootka,  under  the 
direction  of  Colnett.  This  was  in  April,  1789.  About  the  20th  of  the 
same  month,  the  Iphigenia  and  Northwest  America  returned  to  Nootka, 
from  the  Sandwich  Islands.  A  few  days  after  their  arrival,  the  Wash- 
ington left  for  the  north  ;  and  a  day  or  two  after,  the  Northwest  America, 
which  had  been  hastily  equipped,  also  proceeded  to  the  north,  on  a  trading 
voyage.  The  Columbia  remained  at  Nootka  during  the  summer,  and  the  ac- 
coutit  we  liave  of  the  transaction  between  the  vessels  left  by  Meares  and  th« 
Spaniards,  is  by  Ingraham,  the  mate  of  the  Columbia. 

On  the  6th  of  May,  the  Spanish  corvette  Princessa,  commanded  by 
Don  Estevan  Jose  de  Martinez,  arrived  at  Nootka.  Martinez  immedi- 
ately informed  the  officers  of  the  Columbia  and  Iphigenia,  that  he  had 
come  to  take  possession  of  the  country  for  the  king  of  Spain.  He  landed 
artillery  and  materials,  and  as  is  stated  on  a  previous  page,  erected  a  fort 
on  a  small  island  at  the  entrance  of  Friendly  Cove.  A  week  after,  the 
Don  Carlos  arrived,  under  the  command  of  Lieutenant  Haro.  The  day 
after  her  arrival,  Viana,  the  captain,  and  Douglass,  the  supercargo  of  the 
Iphigenia,  were  invited  on  board  the  Princessa,  and  were  informed  as  soon 
as  they  reached  the  deck  that  they  were  prisoners,  and  that  their  vessel 
was  seized.  After  being  retained  in  possession,  however,  for  some  days, 
she  was  released,  on  Viana  and  Douglass's  engaging  for  themselves,  as 
captain  and  supercargo  respectively,  and  for  Juan  Cavallo  of  Macao  as 
owner  of  said  vessel,  to  pay  her  value  on  demand  to  the  order  of  the 
viceroy  of  Mexico,  should  he  pronounce  her  capture  legal.  Having  been 
completely  equipped  by  the  Spaniards,  she  sailed  on  the  2nd  of  June  for 
the  northern  coasts,  where  a  large  and  valuable  quantity  of  furs  were 
eoUected,  prior  to  her  leaving  for  the  Sandwich  Islands  and  Canton. 


! 


.■TW»im^AJffiiia.iiy,-  ■ 


1 


op  Washington, 
sel  commenced 
the   Northwest 

»m  the  northern 
)ard  of  his  own 
her  28th,  1788. 
d  from, Boston, 
dwich  Islands ; 
3tka. 

few  days  after- 
Royal,  arrived 
I  out  by  a  Lon- 
were  under  the 
company,  who 
med  a  partner- 
the  fur  trade  a 
new  ship  was 
lied  the  Argo- 
3tka,  under  the 
he  20th  of  the 
■ned  to  Nootka, 
val,  the  Wash- 
iwest  America, 
th,  on  a  trading 
ncr,  and  the  ac- 
Meares  and  th$ 

commanded  by 
rtinez  immcdi- 
Ei,  that  he  had 
in.  He  landed 
J,  erected  a  fort 
iveek  after,  the 
iro.  The  day 
percargo  of  the 
iformed  as  soon 
lat  their  vessel 
for  some  days, 
themselves,  as 
lo  of  Macao  as 
le  order  of  the 
Having  been 
Jnd  of  June  for 
y  of  furs  were 
d  Canton. 


BRITISH  CLAIM  TO  OREGON. 


31 


About  a  week  after  the  departure  of  the  Iphigenia,  the  Northwest 
America  returned  to  Nootka,  and  was  immediately  seized  by  Martinez. 
A  few  days  afterward  the  Princess  Royal  arrived  in  the  sound,  under  the 
command  of  William  Hudson.  She  brought  information  of  the  failure  of 
Juan  Cavallo,  the  Portuguese  merchant ;  whereupon  Martinez  determined 
to  hold  the  Northwest  America,  in  satisfaction  for  the  amount  of  the  bills 
drawn  upon  Cavallo,  in  consideration  of  the  release  of  the  Iphigenia.  On 
the  2nd  of  July,  the  Princess  Royal  sailed  from  Nootka  on  a  cruise.  As 
she  was  leaving  the  sound,  the  Argonaut  came  in  from  Macao.  She  was 
boarded  immediately  by  the  Spanish  commandant.  Captain  Coiiiett,  upon 
being  informed  of  what  had  taken  place  at  Nootka,  informed  Martinea 
that  he  had  come  to  take  possession  of  Nootka,  and  erect  a  fort  under  the 
British  flag.  Martinez  replied,  that  the  place  was  already  occupied  by 
the  forces  of  his  Catholic  majesty. 

On  the  following  day,  July  4th,  Martinez  invited  Colnctt  to  an  inter- 
view on  board  his  ship.  Captain  Colnett  went,  and  an  altercation  took 
place  between  them,  in  the  cabin,  the  result  of  which  was  the  arrest  of 
Colnett,  and  the  seizure  of  the  Argonaut.  On  tiie  13th  July,  the  Princess 
Royal  arrived,  and  was  taken  possession  of  by  the  Spaniards.  On  the  day 
following,  the  Argonaut  sailed  for  San  Bias  with  all  the  British  prison- 
ers taken  at  Nootka,  under  the  charge  of  a  Spanish  lieutenant  and  crew. 

The  crew  of  the  Northwest  America  were  embarked  as  passengers  on 
l)oard  of  the  Columbia.  Siie  sailed  in  August  from  Nootka,  by  way  of 
China,  to  the  United  States,  under  command  of  Gray.  Kendrick  remained 
on  the  coast  in  the  Washington.  In  November,  Martinez  left  for  San 
Bias,  leaving  Maquilla  In  quiet  possession  of  his  dominions.  The  Colum- 
bia left  Macao  in  December,  1789 ;  and  the  seizure  of  the  Argonaut  and 
Princess  Royal  being  made  known  to  the  owners,  they  immediately  re- 
solved to  apply  to  the  British  government  for  redress.  For  this  object, 
Meares  was  sent  to  London  with  the  papers  necessary  to  substantiate  the 
claims  for  damages  against  the  Spanish  government. 

The  question  to  be  decided  upon  a  review  of  the  above  recited  facts,  is 
simply  this :  did  the  British  crown  acquire  the  right  of  sovereignty  lo 
Oregon  Territory  by  any  act  of  Meares's  during  his  stay  at  Nootka,  in 
1787  or  1798  ? 

The  Felice  and  the  Iphigenia,  the  two  vessels  engaged  in  the  fur  trade, 
under  his  control,  were  Portuguese  vessels,  fitted  out  in  a  port  belonging 
to  Portugal ;  their  papers  Portuguese,  the  flag  Portuguese,  the  vessels  the 
property  of  Juan  Cavallo,  a  Portuguese  merchant  at  Macao ;  commanded 
by  Portuguese  captains,  under  instructions  in  the  Portuguese  language, 
to  seize,  under  certain  circumstances,  English  vessels,  and  bring  them 
into  Macao  for  condemnation.  All  this  was  <lone,  says  Meares  in  his 
memorial,  to  avoid  the  payment  of  port  charges  at  Macao.  But  it  must 
be  borne  in  mind  that  after  Meares  left  Macao,  he  gave  to  Douglass,  the 
supercargo  of  the  Iphigenia,  the  same  instructions  that  the  merchant 
proprietors  had  given  him.    The  vessels  retained  their  national  character 


lfl:;*-^3l?„^^SIB&>- . 


83 


BRITISH  CLAIM  TO  OREGON. 


while  lying  at  Nootka ;  and  when  Martinez,  after  having  held  possession 
of  the  Iphigenia,  released  her  in  May,  1789,  she  hoisted  the  Portuguese 
'jlag,  while  she  remained  in  Friendly  Cove,  and  left  the  sound,  as  the 
Felice  had  done  before  her,  to  all  intents  and  purposes  a  Portuguese  ship. 
Suppose,  for  the  sake  of  argument,  that  Mearcs  had  bought  Nootka  Sound 
for  a  few  sheets  of  copper ;  suppose  he  had  taken  possession  of  the  coast 
on  the  Straits  of  Fuca  ;  by  what  authority  could  England  claim  right  of 
sovereignty  in  virtue  of  such  acts  ?  Suppose  some  merchants  in  London 
had  fitted  out  a  small  fleet,  under  the  command  of  English  subjects,  reg- 
istered as  English  vessels,  paying  duties  and  port  charges  as  English  ves- 
sels, with  instructions  in  the  English  language,  and  the  vessels  entered 
as  the  property  of  well-known  English  merchants  ;  suppose  that  the  ob- 
ject was  to  prosecute  a  new  and  lucrative  branch  of  trade,  and  the  trading 
operations  to  be  conducted  strictly  in  accordance  with  instructions  given 
by  their  English  proprietors,  and  all  intrusted, to  a  Frenchman,  and  he, 
on  arriving  at  his  destination — a  country  discovered  and  partly  occupied 
by  another  power — should  hoist  the  French  flag  and  take  possession  of  the 
country  in  the  name  of  the  king  of  France  ; — docs  any  one  believe,  for  a 
moment,  that  the  right  of  sovereignty  could  be  thus  acquired  for  the  king 
of  France?  Yet  this  is  precisely  the  case  with  Meares.  lie  was  a  Brit- 
ish subject,  and  might  have  an  undoubted  right  to  any  property  he  could, 
in  his  individual  capacity,  acquire  by  purchase  or  barter,  no  matter  what 
flag  he  was  sailing  under ;  and  should  that  property  be  forcibly  taken 
from  him  by  a  national  vessel  bearing  another  flag,  he  could  memorialize 
his  own  Government,  to  obtain  a  proper  indemnity  for  his  losses.  But  the 
right  of  sovereignty,  according  to  the  laws  of  nations,  he  could  not  acquire 
for  himself  or  his  prince,  while  sailing  under  another  flag,  and  under 
instructions  to  capture  the  ships  and  subjects  of  his  sovereign.  In  fact, 
the  expedition  was  a  Portuguese,  not  an  English  one,  and  whatever  might 
have  been  accomplished  in  the  way  of  discovery  or  of  occupancy,  must 
have  been  under  the  protection,  and  for  the  benefit,  of  the  nation  to  which 
the  vessels  belonged,  according  to  the  evidence  of  her  papers,  her  clear- 
ance, her  instructions,  the  recorded  ownership,  etc.  This  is  interna- 
tional law — such  as  would  be  in  all  cases  enforced  by  England. 

Vattel,  (page  99.)  expressly  says  :  "  Navigators  on  voyages  qfdisconery 
with  a  commission  from  their  sovereign,  and  meeting  with  islands  or  other 
lands  in  a  desert  state,  have  taken  possession  of  them  in  the  name  of  their 
nation ;  and  this  title  has  been  usually  respected,  provided  it  was  soonfoL 
lowed  by  a  real  possession."  Now  we  contend  that  Meares  had  not  a  com- 
mission from  ftis  sovereign,  that  he  was  not  on  a  voyage  o{  discovery — that 
from  the  day  the  vessels  left  Macao,  bound  on  the  expedition  ofwhich  he 
seems  to  have  had  the  charge,  the  vessels,  and  of  course  the  officers  and 
crew,  were  under  the  Portuguese  flag ;  that  Meares  did  not  purchase  a 
tract  of  land,  and  that  he  erected  no  other  building  save  a  hut,  built  for 
the  accommodation  of  the  workmen  while  the  vessels  lay  at  Nootka.  We 
contend,  that  in  17S9,  when  the  Spanish  took  possession  of  Nootka,  they 


— ^'JM»t  TH  r.i'ff*^: 


'T«f  r?m*-  n  t>^^^^!iww^^i^^rw^^^^aw^»^lw^lWl«^lM^il^»J^*.-:w^!g^. 


BRITISH  CLAIM  TO  OREGON. 


3S 


1(1  possession 
le  Portuguese 
toiind,  as  the 
tuguese  ship. 
loolka  Sound 

of  the  coast 
laim  right  of 
its  in  London 
subjects,  reg- 

English  ves- 
ssels  entered 

that  the  ob- 
d  the  trading 
Lictions  given 
nan,  and  he, 
rtly  occupied 
session  of  the 
believe,  for  a 
I  for  the  king 
e  was  a  Brit- 
rty  he  could, 

matter  what 
jrcibly  taken 

memorialize 
ses.  But  the 
d  not  acquire 
»,  and  under 
gn.  In  fact, 
latever  might 
jpancy,  must 
tion  to  which 
rs,  her  clear- 
s  is  interna- 
and. 

s  ofdiscorfery 
inds  or  other 
lame  of  their 
was  soonfoU 

d  NOT  A  COM- 

scovery — that 
1  of  which  he 
e  officers  and 
)t  purchase  a 
hut,  built  for 
Nootka.  We 
Nootka,  they 


were  thn  first  to  occupy  the  island,  and  that  whon  in  1795  the  Spaniards 
abandoned  Nootka,  they  lost  not  tlioir  riirlit  to  the  sovereignty  of  Oregon 
Territory,  for  this  reason,  among  many  others  equally  cogent : — tiiat  Eng- 
land has  never  since  that  date  occupied  it,  in  such  manner  as  to  acquire 
title  as  against  Spain  or  us.  By  Drake's  ami  Meares's  operations  then, 
England  "can  claim  no  right  of  sovereignty  over  Oregon  ;  and  we  have 
shown  that  tlie  English,  prior  to  the  treaty  of  1790,  had  no  right  of  sove- 
reignty to  any  portion  of  that  territory.  It  is  therefore  very  certain,  that 
they  have,  at*  this  day,  such  riglits  and  privileges  only  as  they  derived 
from  the  third  and  fifth  articles  of  the  treaty  aforesaid  ;  by  which  the 
subjects  of  (ireat  Britain  were  permitted  to  navigate,  and  fish  in  the 
North  Pacific  ;  to  trade  or  settle  for  purposes  of  trade,  in  unoccupied  parts 
of  the  western  American  coasts,  north  of  the  parts  occupied  by  the  Span- 
iards  before  April,  1789  ;  and  to  have  free  access  to  any  Spanish  settle- 
ments on  the  parts  thus  designated. 

We  have  thus  far  given  an  account,  taken  of  course  from  British  au- 
thorities, of  the  voyages  of  Sir  F.  Drake  and  of  John  Meares.  The  right 
of  sovereignty  over  the  Oregon  has  been  claimed  by  Great  Britain, 
on  the  grounds  following :  1st.  From,  discovery  by  Drake,  2nd.  Prior 
occupation  by  Meares.  Drake,  when  he  sailed  from  England,  sailed  un- 
der the  British  flag  ;  and  it  was  given  out  that  his  little  fleet  was  bound 
to  Egypt.  From  his  own  account,  it  appears,  however,  that  he  had  heard 
that  many  of  the  Spanish  settlements  on  tlie  western  coast  of  South  Ame- 
rica were  so  poorly  manned,  that  they  would  fall  an  easy  prey  to  an  un- 
expected invader.  Spain  and  England  were  at  this  time  at  peace,  and  if 
Drake  had  fallen  into  the  hands  of  the  Spaniards,  he  would  undoubtedly 
have  been  condemned  and  executed  as  a  pirate,  as  his  mate  afterward 
was,  and  could  have  claimed  no  protection  from  the  English  government. 
That  he  did  seize  upon  their  vessels,  and  rob  and  ■pillage  their  settlements, 
there  is  no  question.  He  was  a  pirate  and  an  outlaw  ;  and  if  he  had,  by 
the  accounts  left  us  of  his  voyages,  given  such  a  description  of  the  coast 
and  of  the  climate,  as  would  satisfy  the  world  that  he  did  discover  any 
portion  of  the  Oregon  Territory,  his  prior  piratical  acts  would  have  been 
an  eifectual  bar  against  the  English  claims  derived  from  such  acts. 
From  the  before-mentioned  facts,  it  must  have  been  noticed,  however,  that 
he  did  not  accurately  describe  any  part  of  the  coast,  and  that  the  descrip- 
tion he  gave,  would  only  apply  to  the  polar  region,  which  he  had  not 
time  to  reach,  and  not  to  the  sunny  shores  of  Oregon.  We  are  an- 
ticipated on  this  point  by  the  British  Foreign  Review  for  1844.  The  writer 
observes :  "  Although  England  has  disputed  the  claims  of  Spain  to  the 
Northwest  Territory,  we  really  cannot  find  any  ground  for  attributing 
the  discovery  to  Sir  Francis  Drake."  The  same  writer  further  observes : 
"  It  is  now  too  late  to  inquire,  whether  Captain  Meares  and  his  companions 
were  justified  in  establishing  themselves  upon  a  territory,  to  tlie  coloniza- 
tion of  which  Spain  may  have  had  the  prior  right  by  discovery.  The 
British  government  demanded  and  received  satisfaction  from  Spain,  for 


*>* 


i 


13 


If" 


fi 


34  BRITISH  CLAIM  TO  OREGON. 

the  Bciziiro  complained  of,  and  the  quarrel  was  terminated  by  a  treaty." 
We  beg  leave  to  diHor  from  the  writer,  and  to  say  that  it  is  not  too  late  to 
inquire"  whether  England  had  any  right  to  the  territory  prior  to  the 
treaty  ;  for  if  she  had  not  then  the  right,  she  has  none  now  ;  for  surely  the 
treaty  conferred  none  which  can  avail  as  against  our  pretensions.  We 
claim  the  sovereignty  over  tho  Territory  of  Oregon,  from  latitude  Vi" 
north  to  latitude  54°  40'  north.  Ai-.d  we  shall  see,  as  wo  advance  with 
this  discussion,  on  what  this  claim  is  based. 

Having  ascertained  that  the  claim  of  prior  discovery  by  Sir  Francis 
Drake  cannot  i)c  substantiated  ;  that  there  is  no  proof,  save  in  the  asser- 
tion  of  Meares,  that  he  could,  or  did  acquire  for  Britain  any  right  by  occu- 
pation  ;  and  that  the  evidence  even  from  his  own  journal,  is  on  that  point 
conclusive  against  him,  the  British  government  have  shifted  their  ground, 
and  now  declare  as  follows :  Since  1790,  England  has  not  claimed  any 
exclusive  right  of  sovereignty  over  the  territory  in  question  ;  neither  does 
she  now  claim  any  exclusive  sovereignty  from  the  42nd  to  the  49th  degree 
of  north  latitude.  She  claims  the  right  of  joint  occupancy  in  common 
with  other  States,  leaving  the  right  of  exclusive  sovereignty  in  abeyance, 
«'  for,"  say  the  British  commissioners,  "  valuable  British  interests  have 
grown  up  in  those  countries  since  1790.  To  those  interests  Great  Britain 
owes  protection,  and  that  protection  will  be  given,  both  as  regards  settle- 
ment, and  freedom  of  trade  and  naviiration.  All  the  title  that  the  United 
States  could  derive  from  Spain,  amounts  to  nothing  more  than  the  rights 
secured  to  her  (Spain)  in  common  with  Great  Britain,  by  the  convention 
of  1790."  The  discoveries  then  of  Alarcon,  in  1.540,  of  Coronado  the 
same  year,  of  Cabrillo  in  1.M3,  of  Ferrelo  in  ir,44,  of  Aguilar  in  1603,  of 
Perez  and  Martinez  in  1774,  of  Quadra  in  1775,  the  explorations  of  the 
islands  and  main  coast  between  Vancouver's  island  and  latitude  56°  north, 
all  these  can  give  no  right  of  sovereignty  to  Spain,  or  if  they  did,  she 
lost  all  that  right  by  the  treaty  of  the  Escurial ! 

Wo  shall  go  at  length  into  this  treaty  of  the  Escurial,  We  shall  at- 
tempt  to  show  what  were  the  complaints,  demands,  and  claims  of  Great 
Britain  ;  what  were  the  concessions  of  Spain  ;  what  the  object  and  inten- 
tions  of  the  treaty  ;  and  more  than  all  these,  what  were  the  opinions  of 
those  wlio  made  the  treaty,  as  to  what  rights,  privileges,  and  advantages, 
Great  Britain  obtained  by  it.  Let  the  reader  bear  in  mind,  while  peru- 
sinu  the  "Declaralionof  Spain  to  the  European  courts,"  the  memorial  of 
Spain  to  the  Britisk  embassador  at  the  court  of  Madrid— the  answer  of  the 
rmba!=sadM._thc  "  Reply  of  Spain  ;"  the  "  DecUiration"  and  the  "coun- 
tor  Docliuution,"  that  although  Spain  continued  throughout  the  whole 
negotiation  to  reiterate  her  right  to  the  sovereignty  of  the  nortliwest  coast, 
and  although  after  the  terms  of  the  treaty  were  agreed  upon,  in  the  De- 
(daratinn  itls  distinctly  set  forth,  as  being  understood  by  the  high  contract- 
ing  parties,  llsat  nothing  in  the  said  "  Declaration  should  prerludc  or  preju- 
dice  the  ulterior  discussion  of  any  right,  which  his  majesty  of  Spain  may 
ekUm,  to  form  an  exclusive  ^settlement  at  Noolka.     Let  the  reader  bear  in 


BRITISH  CLAIM  TO   OREGON. 


89 


by  a  treaty." 
not  too  late  to 

prior  to  the 
for  surely  the 
elisions.     Wc 

Iftlitiido  Vi" 
advance  with 

y  Sir  Francis 
in  the  asser- 
right  by  occu- 
s  on  that  point 
I  tlieir  ground, 
t  claimed  any 
;  neither  does 
le  49th  degree 
;y  in  common 

in  abeyance, 
interests  have 
Great  Britain 
regards  settle- 
liat  the.  United 
ban  the  rights 
he  convention 
Coronado  the 
lar  in  1603,  of 
orations  of  the 
tudo  56°  north, 

they  did,  she 

We  shall  at- 
lims  of  Great 
joct  and  inten- 
ho  opinions  of 
id  advantages, 
1,  while  peru- 
10  memorial  of 
answer  of  the 
md  the  "  coun- 
out  the  whole 
ortliwest  coast, 
ion,  in  the  De- 
high  contract- 
rrhidc  or  prrju- 
I  of  Spain  may 
reader  bear  in 


mind,  that,  after  the  lapse  of  half  a  century,  it  is  gravely  asserted  that 
this  very  treaty  settled  all  dilferencos  between  England  and  Spain,  with 
respect  to  priority  of  di-^covery  and  the  right  of  sovereignty  to  the  Oregon 
Territory  !  And  Ibis  too,  although  pending  the  whole  negotiation,  every 
communication  received  from  Spain  on  the  subject  of  restoration  of  prop- 
erty, of  indemnity  for  pecuniary  losses,  or  satisfaction  for  the  insulted 
honor  of  England,  contained  a  saving  clause— that  the  said  restoration 
•rranted,  the  said  indemnity  allowed,  and  the  said  satisfaction  given, 
should  not  affect  the  rights  of  Spain.  Yet  according  to  the  construction 
put  upon  the  treaty,  by  modern  English  diplomatists,  Spain  is  said  to 
liave  lost  the  very  right  she  had  so  sedulously  reserved.  The  following 
paper  is  the  Declaration  of  his  Catholic  majesty,  dated  June  4,  1790, 
which  was  transmitted  to  all  the  European  courts,  and  is  a  brief  state- 
ment of  the  matter  in  dispute,  and  of  the  rights  of  Spain  to  the  territories 
in  the  South  Sea. 

Declaration  of  his  Catholic  Majesty,  June  4,  1790,  tkansmitted  to 
ALL  THE  European  Courts.* 

"  The  king,  being  apprised  of  the  particulars  laid  before  his  ministers 
on  the  16th  of  May,  by  Mr.  Merry,  his  Britannic  majesty's  minister,  rel- 
alive  to  the  unexpected  dispute  between  this  court  and  Great  Britain, 
as  to  the  vessels  captured  in  Port  St.  Lorenzo,  or  Nootka  Sound,  on  the 
coast  of  California  in  the  South  Sea,  has  commanded  the  undersigned,  his 
majesty's  first  secretary  of  state,  to  answer  to  the  said  minister  of  Eng- 
land, that  he  had  the  honor  to  make  known  personally,  and  in  writing,  to 
the  said  minister,  upon  the  18th  of  the  same  month,  that  his  majesty  at 
no  time  pretended  to  any  rights,  in  any  ports,  seas,  or  places,  other  than 
what  belong  to  his  crown  by  the  most  solemn  treaties,  recognized  by  all  na- 
tions, and  more  parlicularly  with  Great  Britain,  by  a  right  founded  on  par- 
ticular treaties,  the  uniform  consent  of  both  nations,  and  by  an  immemorial, 
regular,  and  established  possession  ;  that  his  majesty  is  ready  to  enter  upon 
every  examination  and  discussion,  most  likely  to  terminate  the  dispute  in 
an  amicable  way  ;  and  is  willing  to  enter  into  immediate  conference  with 
ihe  new  embassador  ;  ar.d.  if  justice  requires  it,  will  certainly  disapprove 
the  conduct,  and  punish  iiis  subjects,  if  they  have  gone  beyond  their 
powers.  This  offer  and  satisfaction  will,  it  is  hoped,  serve  as  an  example 
to  the  court  of  London,  to  do  the  same  on  its  part 

As  the  two  courts  of  London  and  Madrid  have  not  yet  received  proper 
and  authenticated  accounts  and  proofs  of  all  that  has  really  passed  in 
those  distant  latitudes,  a  contradiction  in  the  development  of  facts  has,  by 
this  means,  been  occasioned.  Even  at  this  moment,  the  papers  and 
minutes  made  up  by  the  viceroy  of  New  Spain,  on  this  matter,  are  not 
arrived.  Posterior  letters,  indeed,  say  that  the  English  vessel,  the  Argo- 
naut, had  not  been  seized  and  confiscated  till  legally  condemned,  and  that 

*  Parliamentarjr  Iliitorr.  ' 


1 

t 


11 


t'. 


36 


BRITISH  CLAIM  TO  OREGON. 


the  small  vpsgol,  called  the  Princess  Iloyal,  wliich  hail  aftorwarfl  arrived, 
was  not  seized  or  confiscated  ;  but  that,  on  the  contrary,  full  rnstitution 
was  made  by  the  viceroy,  and  an  obligation  only  taken  from  the  captain, 
to  pay  the  price  of  the  vessel,  if  she  was  declared  a  lawful  prize  ;  and  on 
the  precise  same  terms,  ho  had  liberated  a  Portuguese  vessel  belonging 
to  Macao,  and  two  Amcrjcan  vessels.  These  particulars  will  be  >nore 
implicitly  proved  and  elucidated,  on  the  arrival  of  the  necessary  papers. 

"  The  first  time  that  our  embassador  made  a  public  notification  of  this 
matter  to  the  ministry  at  London,  on  the  10th  of  February  last,  many  of 
the  circumstances  that  are  now  certain,  were  then  doubtful.  The  rights 
and  immemorial  possession  of  Spain  to  that  coast  and  ports,  as  well  as  several 
other  titles  proper  to  he  taken  into  view,  in  a  pacijic  negotiation,  xoerc  not 
quite  certain.  And,  if  the  court  of  London  had  made  an  amicable  return 
to  the  complaints  made  by  his  majesty,  relative  to  those  merchants  whom 
Spain  regards  as  usurpers,  and  the  violators  of  treaties,  and  had  shown"  any 
desire  to  terminate  the  affair  by  an  amicable  accommodation,  a  great  deal 
of  unnecessary  expense  might  have  been  saved.  The  high  and  menacing 
tone  and  manner,  in  which  the  answer  of  the  British  minister  was  couched, 
at  a  time  when  no  certain  information  of  the  particulars  had  arrived, 
made  the  Spanish  cabinet  entertain  some  suspicions,  tliat  it  was  made, 
not  80  much  tor  the  purpose  of  the  dispute  in  question,  as  a  pretext  to 
break  entirely  with  our  court,  for  which  reasons  it  was  thought  necessary 
to  take  some  precautions  relative  to  the  subject. 

•'  On  a  late  occasion,  a  complaint  was  made  to  the  court  of  Russia,  as  to 
some  similar  points,  relative  to  the  navigation  of  the  South  Sea.  A  can- 
did answer  being  returned  by  that  court,  the  affair  was  terminated  with- 
out  the  least  disagreement.  Indeed,  it  may  be  asserted  with  truth,  that 
the  manner,  much  more  than  the  substance,  has  produced  the  disputes  that 
have  taken  place  on  this  head  with  Great  Britain. 

"Nevertheless,  the  king  does  deny  what  the  enemies  to  peace  have  in- 
dustriously  circulated,  that  Spain  extends  pretensions  and  rights  of  sove- 
reignty over  the  whole  of  the  South  Sea,  as  far  as  China.  When  the  words 
are  made  use  of,  ♦  In  the  name  of  the  king,  his  sovereignty,  navigation, 
and  exclusive  commerce  to  the  Continent  and  Islands  of  the  South  Sea,' 
it  is  the  manner  in  which  Spain,  in  speaking  of  the  Indies,  has  always 
used  these  words,  that  is  to  say  :  to  the  Continent,  islands,  and  seas,  which 
belong  to  his  majesty,  so  far  as  discoveries  have  been  made  and  secured  to 
him  by  treaties  and  immemorial  possession,  and  uniformly  acquiesced  in, 
notwithstanding  some  infringements  by  individuals,  who  have  been  punished 
upon  knowledge  of  their  offences.  And  the  king  sets  up  no  pretensions  to 
any  possessions,  the  right  of  which  he  cannot  prove  by  irrefragihle  titles. 

"  Although  Spain  may  not  have  establishments  or  colonies  planted  upon  the 
coasts  or  in  the  ports  in  dispute,  it  does  not  follow  that  such  coast  or  port  does 
not  belong  to  her.  If  this  rule  were  to  he  followed,  one  nation  might  estab- 
lish colonies  on  the  coast  of  another  nation  in  America,  Asia,  and  Europe,  by 
which  meatis  there  would  be  no  fixed  boundary — a  circumstance  evidently  ab 
»urd. 


■ward  arrived, 
Full  restitution 
in  the  captain, 
prize  ;  and  on 
iscl  belonging 
will   bo  more 
ssary  papers, 
fication  of  this 
last,  many  of 
\\.     The  rights 
well  as  several 
ialion,  were  twt 
micablc  return 
.erchants  whom 
had  shownf  any 
)n,  a  great  deal 
I  and  menacing 
r  was  couched, 
s  had  arrived, 
t  it  was  made, 
IS  a  pretext  to 
ught  necessary 

of  Russia,  as  to 
h  Sea.  A  can- 
3rminated  with- 
with  truth,  that 
the  disputes  that 

I  peace  have  in- 
I  rights  of  sove- 
When  the  words 
nty,  navigation, 
the  South  Sea,' 
ies,  has  always 
and  seas,  which 
'c  and  secured  to 
!y  acquiesced  in, 
e  been  punished 
no  pretensions  to 
ragihle  titles, 
planted  upon  the 
coast  or  port  does 
lion  might  estab- 
2,  and  Europe,  by 
mce  evidently  ah 


lUUTIHH  CLAIM   TO    OREGON. 


wt 


"  But  whatsovrr  may  be  the  issue  of  the  qiiestion  of  right  upon  a  mature 
consideration  of  th.«  cluiin.s  of  both  parties,  the  result  of  th(^  question  of 
fact  is,  that  the  eaptuin  nf  the  I'.nf.'lisl'  vessel  is  repaired  by  the  restitution 
that  has  been  made,  and  the  conduct  of  tlie  viceroy  ;  for  as  to  tiio  quulifi. 
cation  of  such  restitution,  and  whether  tlw;  prize  was  lawful  or  not,  that 
respects  tluMiuestion  of  right  yet  to  bo  investigated,  that  is  to  say,  if  it  has 
been  agreeaitlv  to,  or  in  contraiiiction,  to  the  treaties  relative  to  the  rights 
and  possessions  of  Spain.  Lastly,  the  king  will  readily  enter  into  any 
plan  by  which  future  disputes  on  this  subject  may  bo  obviated,  that  no  re- 
proach may  be  upon  him,  as  having  refused  any  means  of  reconciliation 
and  for  the  establishment  of  a  solid  and  permanent  peace,  not  only  bo- 
tween  Spain  and  (ireat  Britain,  but  also  between  all  nations ;  for  the  ac 
complislimenl  of  wliich  object,  his  majesty  has  made  tlie  greatest  efforts  in 
all  the  courts  of  Europe,  which  ho  certainly  would  not  have  dono  if  he 
had  any  design  to  involve  England,  and  the  other  European  powers,  in  a 
calamitous  and  destructive  war. 

"  El  Conde  de  Florida  Banca. 

"  Aranguez,  June  4." 

In  this  memorial,  addressed  to  the  several  cour's  of  Europe,  are  set 
forth,  clearly  and  distinctly,  tiic  rights  and  claims  of  Spain  to  the  territory 
in  dispute.  "  Prior  discovery,"  "  uniform  consent  of  both  nations,"  "  par- 
ticular treaties,"  (as  of  Utrecht,)  "  an  immemorial,  regular,  and  established 
possession,"  are  advanced  as  the  grounds  of  these  claims. 

In  the  following  memorial  of  the  court  of  Spain,  delivered  to  tho  Eng- 
lish  embassador  at  Madrid,  .luno  13th,  the  subject  of  the  right  of  Spain 
is  treated  of  more  fully,  and  in  this,  as  well  as  in  the  preceding  paper,  the 
right  of  sovereignty  over  that  coast  is  constantly  maintained. 

"  Memorial  of  the  Court  of  Spain,  delivered  June  13,  to  Mr.  Fitz- 

IIEKBEKT,  THE  BRITISH  EMBASSADOR  AT  MaDRID. 

"  By  every  treaty  upon  record,  between  Spain  and  the  other  nations  of 
Europe,  for  upw  ml  of  two  centuries,  an  exclusive  right  of  property ^  nam. 
galion  and  comm.-rcc,  to  the  Spanish  West  Indies,  (Spanish  America,)  has 
been  uniformly  secured  to  Spain,  England  having  always  stood  forth,  in  a 
particular  manner,  in  support  of  such  rights. 

"  By  Article  Eij^hth  of  the  treaty  of  Utrecht— a  treaty  in  which  all  the 
European  nations  may  be  said  to  have  taken  a  part — Spain  and  England 
profess  to  establish  it,  as  a  fundamental  principle  of  agreement,  that  the 
navigation  and  commerce  of  the  West  Indies,  under  the  dominion  of  Spain, 
shall  remain  in  the  precise  same  situation  in  which  they  stood  in  the  reign  of 
his  Catholic  majesty,  Charles  II.,  and  that  that  rule  shall  be  inviolably  ad- 
hered to,  and  be  incapable  of  infringement. 

"  After  this  maxim,  the  two  powers  stipulated  that  Spain  should  never 
grant  liberty  or  permission  to  any  nation  to  trade  to,  or  introduce  their 
merchandise  into,  the  Spanish  American  dominions,  or  to  sell,  cede,  or 


•si 

I 


BRITISH  CLAIM   TO  ORKGON. 

givo  up  to  any  other  nation,  its  lumls,  (lominii)ns,  or  territories,  or  any  part 
thoroof.  On  llio  contrary,  and  in  order  that  its  territories  slioul.l  l)e  pre 
sorv.-d  whole  and  entire,  I'lnnliuid  olH-rs  lo  iiid  mid  assist  the  Si.uniardH  in 

rei'stablishinn  tlio  limits  of  their  A rican  dominions,  and  \,\acU\<i  thum 

in  Iho  exuot  situation  thoy  stood  in,  at  tho  time  of  his  said  (Jatholiu  nia- 
jOHty,  Charles  II.,  if,  l)y  accident,  it  shall  he  discovered  that  they  have 
undergono  any  alterati<.n  to  the  pnju.lici-  of  Spain,  in  svhatevcr  manner 
or  pret(>xt  such  alteration  may  have  hecn  brouirht  about. 

"  Tho  vast  extent  of  tho  Spanish  teriilories,  imvi>;alioii  and  dominion  on 
tho  Continent  of  America,  anil  isles  and  seas  contiguous  to  the  South  Sou, 
arc  clearly  laid  down  and  authenticated  by  a  variety  of  documents,  laws, 
and  formal  acts  of  possession,  in  the  reijjn  of  KiiiR  Charles  II.  It  is  also 
dearhi  nsrcrlainol  lluit,  nolwillisliiinUiig  tlw  rqieah'd  atlrmpl.i  nuulc  l>!)  An- 
VKNTUKicns  and  pirates  on  the  Spanish  coasts  of  ih"  South  Sra,an(l  adjarmt 
islands,  Spain  has  slill  preserved  her  possessions  entire,  awl  opposed  with 
success  these  usurpations,  by  constantly  sendin/^  her  sltijis  and  vessels  to  take 
possession  of  sue.h  settlements.  By  these  measures,  and  reiterated  acts  of 
possession,' Spain  has  prrsen-cd  her  dominion,  which  she  has  extknded  to 

THE  llORDEnS  OF  THE  RUSSIAN  EbTAHLISUMENTS  IN  THAT  PAUT  OF  THE  WOULD. 

"  The  viceroys  of  Peru  and  New  Spain,  having  been  informed  that  these 
seas  bail  been,  for  some  time  past,  more  frcciuented  than  formerly  ;  that 
smu'nrliiii'  had  increased  ;  that  several  usurpations,  prejudicial  to  Spam 
and  ''the  general  tranquillity,  had  been  sufVered  to  bo  made ;  they  ^'avo 
orders  that  tlio  western  coasts  of  Spanisli  America,  and  islands  and  seas 
adjacent,  should  be  more  frequently  !iavif,mted  and  explored. 

"They  were  also  informed,  that  several  Russian  vessels  were  upon  the 
point  of  making  commercial  establishment.s  upon  that  coast.  At  the  time 
that  Spain  demonstrated  to  Russia  the  inconveniences  attendant  upon  .such 
oncroachmcnfs,  she  entered  upon  tho  negotiation  with  Russia  upon  the 
supposition  that  the  Russian  navigators  of  the  Pacific  Ocean  had  no  orders 
to  make  establishments  within  tho  limits  of  Spanish  America,  of  which  tho 
Spaniards  were  tho  first  possessors,  (limits  situated  within  Prince  Wil- 
Ham's  Strait)  purposely  to  avoid  all  dissensions,  and  in  order  to  maintain 
the  harmony  and  amity  which  Spain  wished  to  preserve. 

"  The  court  of  Russia  replied, '  It  had  already  given  treaty  orders,  that  its 
subjects  should  make  no  .settlements  in  places  belonging  to  other  powers; 
and  that  if  those  orders  had  been  violated,  and  any  had  been  made  in 
Spanish  America,  they  desired  the  king  'vould  put  a  .stop  to  them  in  a 
friendly  manner.'  To  this  pacific  languag*!,  on  the  part  of  Russia,  Spain 
observed,  'That  she  could  not  be  an.=  wcrfole  for  what  her  oflicers  might 
do,  at  that  distance,  whose  general  order  -  and  instructions  were,  not  to  per- 
mi't  any  settlement  to  be  made  by  other  nations  on  the  Continent  of  Spanish 

America.'  •  7    j 

"  Thougli  trespasses  had  been  made  by  the  English  on  some  of  the  islands 
of  those  coasts,  which  had  given  rise  to  similar  complaints  having  been  matU 
to  the  court  of  London,  Spain  did  not  know  that  tho  English  had  cndcav- 


■i.MIU|1i.i.i,,BJ,i.— 


imiriSII  CLAIM   TO  ORKOON. 


89 


orod  to  mako  any  nelllcmrnts  nn  iIip  norlliorn  |)art  oftlio  Houthorn  Ocean, 
till  tho  cornmiuulitiK  oniccr  <if  a  Spanish  Nlii|i//i  the.  iixmil  lour  of  ihc  roaM^ 
of  Calill>riiiii,  lonnil  two  Anu'fican  vessels  in  Sf.  F.oren/.o,  or  Nootka  liar- 
bor,  where  im  was  fioinj^  for  |)rovi.sions  utul  stores.  'F'heso  vessels  he 
permitted  to  pnMiped  on  thoir  voya^n,  it  appearinij,  from  their  paperw,  that 
ihfji  urrr  ilrin  n  tlirrr  hij  'Uilrea.i,  awl  onlij  fniiir  in  In  njil. 

"  lie  a!>o  tiuinil  llic'i.'  the  ship  Ipliij;ciiiii  iVoni  Miieao,  viidrr  i'orliiifnfar 
colors,  which  hud  a  paxsporl  from  Ihr  novrrnor,  (of  Maeao)  and  thouj^h  ho 
camr  miinifrslh/  with  ihc.  virin  to  Innlr  there,  yet  the  .Spani-.h  ailniiral,  when 
ho  saw  his  insiruelioii'j.  jj;ave  him  leave  to  depart  Ujion  his  sii^nini.;  an  cn- 
pu^oinent  to  pay  the  valiio  of  the  vcshcI,  should  the  Government  declare 
it  a  lawful  prize. 

"  With  liiis  ve.s.sel  there  came  a  second,  which  the  admiral  detained,  and 
ft  few  days  afler  a  third,  naned  the  Ar{,'onaut.  from  th<!  ubovo-mcntioned 
place.  'J'lu'  captain  of  this  latter  was  an  iMi^lisIiiiian.  lie;  came,  not 
oidy  to  trade,  hul  hroii^ht  errrDlhiin;  with  him  proper  to  form  a  skttlkment 
there,  and  In  fortify  it.  This,  notwithstantiing  the  remonstrances  of  the 
Spanish  admiral,  hi!  persevered  in,  and  was  detained,  toj^ether  with  his 
vessel. 

"  Aui'r  hin)  came  a  fourth  I']n<{lish  vej^siil,  named  the  Priiicesa  Royal, 
anil  evidently  for  llie  same  pur[tf).ses.  She,  likewise,  was  detained  and 
sent  to  Foit  Sa;i  Bias,  wh(;rc  llie  pilot  of  tin*  Ari,'onant  made  away  with 
himself.  The  viceroy,  on  hein;^  informed  of  these  particulars,  s^ave  or- 
dcrs  that  the  captain  and  the  vessels  should  he  released,  and  that  they 
should  have  leave  to  relit,  withcjut  declaring  them  a  lawful  prize  ;  and 
this  he  did  on  nceoiiiU  of  the  iiinorancc  of  the  jirojirielor.s',  und  the  friendship 
which  subsixled  between  the  two  courts  of  London  and  Madrid. 

"  He  also  ffftve  them  leave  to  return  to  Macao  with  their  cargo,  after 
capitulating  with  them  in  the  same  manner  as  with  the  Portuguese  cap- 
tain ;  and  leaving  the  allair  to  be  finally  determined  by  the  Count  do 
Revillagegido,  his  successor,  who  also  gave  them  their  libMt\. 

"  As  soon  as  the  court  of  Madrid  had  received  an  account  cf  the  deten- 
tion of  the  first  English  vessel  at  Nootka  Sound,  and  before  that  of  the 
second  arrived,  it  ordered  its  embassador  at  London  to  make  a  report 
thereof  to  the  English  minister,  which  he  diil  on  the  10th  of  February 
last;  and  to  require  that  the  parties  who  had  plaimed  these  expeditions 
should  be  punished,  in  order  to  deter  others  from  making  settlements  an  ter- 
ritories occupied  and  frequented  by  the  Spaniards  for  a  number  of  years. 

"  In  the  embassador's  memorial,  mention  was  only  made  of  the  Spanish 
admiral  that  connnandcd  the  present  armament  having  visited  Nootka 
Sound  in  1774,  though  that  harbor  has  been  frequently  visited,  loth  before 
and  since,  with  the  usual  forms  of  taking  possession.  These  forms  were 
repeated  more  particularly  in  the  years  1705  and  1759,  all  along  tub 
COAST  AS  FAR  AS  Pbinci!  William's  Sound  J  and  it  was  these  acts  that 
gave  occasion  to  the  memorial  made  by  the  court  of  Russia,  as  has  been 
already  noticed. 


WBilM 


-•iSBi.wy»-" 


i 


40 


BRITISH  CLAIM  TO  OREGON. 


"  Tlie  Spanish  embassador  at  London  did  not  represent  m  tliis  memorial, 
at  that  time,  that  the  right  of  Spain  to  these  coasts  was  conformable  to  ancierU 
houndaries,  xohich  had  been  guarantied  hj  England  at  the  Treaty  op 
Utuecht,  in  the  reign  of  Charles  II.,  deeming  it  to  be  unnecessary  ;  as  or- 
ders had  been  given,  and  vessels  had  actually  been  seized  as  far  back  as 
1692. 

"  Tiie  answer  that  tiic  English  ministry  gave,  on  the  26th  of  February, 
was,  that  they  had  not  as  yet  been  informed  of  the  facts  stated  by  the 
embassador ;  and  that  the  act  of  violence,  mentioned  in  his  memorial, 
necessarily  suspended  any  discussion  of  the  claims  till  an  adequate  atone- 
ment had  been  made  for  a  proceeding  so  injurious  to  Great  Britain. 

"  In  addition  to  this  haughty  language  of  the  British  minister,  he  further 
added,  that  tlie  ship  must  in  the  first  place  be  restored  ;  and  that  with 
respect  to  any  Juture  stipulations,  it  would  be  neces.sary  io  wait  for  a  more 
full  detail  of  all  tlie  circumstances  of  this  affair.  The  harsh  and  laconic 
style  in  which  tiiis  answer  was  given,  made  the  court  of  Madrid  suspect 
that  the  king  of  (Jreat  Britain's  mini.sters  were  forming  other  plans,  and 
they  were  the  more  induced  to  think  so,  as  there  were  reports  that  they 
were  going  to  fit  out  two  fleets — one  for  the  Mediterranean  and  the  other 
for  the  Baltic.  This  of  course  obliged  Spain  to  increase  the  small  squad- 
ron she  was  getting  ready  to  exercise  her  marine. 

"The  court  of  Spain  then  ordered  her  embassa'-.-^r  at  London  to  present 
a  memorial  to  the  British  .^linistry,  setting  forth  that  though  the  troion  of 
Spain  had  aa  indubitable  riglu  to  the  Continent,  islands,  hriuors,  and  coasts 
of  that  part  of  the  world,  founded  on  treaties  and  immemorial  possession,  yet 
as  the  viceroy  of  Mexico  had  released  the  vessels  that  were  letained,  the 
king  looked  upon  the  affair  as  concluded,  without  entering  into  any  dis- 
putes or  discus<ions  on  the  undoubted  rights  of  Spain ;  and  desiring  to 
give  a  proof  of  his  friendship  for  Great  Britain,  he  should  rest  satisfied  if 
she  ordered  that  her  subjects  in  future  respected  those  rights. 

"As  if  Spain,  in  thi3  answer,  had  laid  claim  to  the  empire  of  that  ocean, 
though  she  only  spoke  of  what  bdonged  to  her  by  treaties,  and  as  if  it  had 
been  so  grievous  an  offence  to  terminate  this  affair  of  restitution  of  the 
only  vessel  which  was  then  known  to  have  been  taken,  it  excited  such 
clamor  and  agitation  in  the  Parliament  of  Ei/gland,  that  the  most  vigor- 
ous preparations  for  war  have  been  commenced  ;  and  those  powers  disin- 
clined  to  peace,  charge  Spain  with  designs  contrary  to  the  known  principles 
of  honor  and  probity,  as  well  as  to  the  tranquillity  of  Europe,  which  the 
Spahish  monarch  and  his  ministers  have  always  had  in  view. 

"  While  England  was  employed  in  making  the  greatest  armaments  and 
preparations,  that  court  made  answer  to  the  Spanish  embassador,  (upon 
the  5th  May)  'hat  the  acts  of  violence  committed  against  the  British  flag 
•  rendered  it  necessary  for  the  sovereign  to  charge  his  minister  at  Madrid 
to  renew  the  remonstrances,  (being  the  aaswer  of  England  already  men- 
tioned,) and  to  require  that  satisfaction  which  his  majesty  thought  he  had 
an  indisputable  right  to  demand. 


-jT.K).  T>»T(»n  f 


».v«»nTi7-Tgc!«):aii««>K>=itf*riij«B«s«ra»Jiw«^»BM*«81J 


•SIBIIJSSSf.WiP-- 


BK     'SH  CLAIM  TO  OREGON. 


41 


I  memorial, 
k.  to  ancient 
Treaty  of 
•iry  ;  as  or- 

AR  BACK  AS 

f  February, 
lated  by  the 
J  memorial, 
quato  atone- 
$ritain. 
r,  he  further 
id  that  with 
it  for  a  more 

and  laconic 
id  rid  suspect 
T  'plans,  and 
rts  that  they 
md  the  other 
small  squad- 
on  to  present 

the  troum  of 
rs,  and  coasts 
possession,  yet 
!  ietained,  tho 

into  any  dis- 
id  desiring  to 
zst  satisjied  if 

of  that  ocean, 
nd  as  if  it  had 
tilution  of  the 

excited  such 
he  most  vigor- 
?i  powers  disin- 
lown  principles 
ope,  which  tho 

BW. 

armaments  and 
jassador,  (upon 
the  British  flag 
jster  at  Madrid 
d  already  men- 
thought  he  had 


m^i 


"To  this  was  added  a  declaration  not  to  c  formally  into  the  matter, 
until  a  satisfactory  answor  was  obtained,  '  and  at  tlio  same  timo  tho  me- 
morial of  Spain  should  not  include  in  it  the  question  of  riglit,'  which 
formed  a  most  pssontial  part  of  the  discussion. 

"  The  Britisli  administration  offer,  in  tlio  same  answer,  to  take  most  ef- 
fective and  pacilic  measures,  tiiat  tiic  English  suhjects  sluiU  not  act  against 
the  just  and  ACKNOwr.EiioED  rights  of  Spain  ;  but  that  *hey  cannot  at  pres- 
ent accede  to  tlie  pretensions  of  absolute  sovereign! >;,  co  nmerce  and  navi- 
gation, which  appeared  to  be  tho  principal  objfct  of  t!io  memorial  of  tlio 
embassador  ;  and  that  the  king  of  I'higland  considers  t  a  dutv  ihcuinbcnt 
upon  him,  to  protect  his  stthjects  in  the  enjoyment  of  the  right  if  continuing 
their  fishery  in  the  Pacific  Ocean. 

"//"  this  pretension  is  found  to  trespass  upon  the  ancient  houndaries  laid 
down  in  the  reign  of  King  Charles  11. ,  and  guarantied  hy  England  in  the 
treaty  of  Utrecht,  as  Spain  hclieves,  it  appears  tiint  tliiit  court  will  have 
good  reason  for  disputing  and  opposing  tiiis  claim  ;  and  it  is  to  be  hoped 
that  flic  equity  of  the  Britisli  administration  will  suspend  and  restrict  it 
accordingly. 

"  In  consequence  of  tho  foregoing  answer,  the  cliargo  d'affaires  from  the 
court  of  London  at  Madrid  insisted,  in  a  memorial  of  tlie  16th  of  May, 
on  restitution  of  the  vessel  detained  at  Noolha  and  the  property  therein 
contained,  of  an  indenmification  for  the  losses  sustained,  and  a  reparation 
proportioned  to  the  injury  done  to  the  English  subjects  trading  under  the 
British  flag ;  and  that  they  have  an  indisputable  right  to  the  enjoyment  of 
a  free  and  uninterrupted  navigation,  commerce  and  fishery,  an<l  to  tiie  pos- 
session  of  such  establishmruts  as  tliey  should  form  witli  tho  consent  of  the 
natives  of  the  country,  not  previously  occupied  by  any  of  the  European 
nations.  (No  rights  of  sovereignty  demanded  here.)  An  explicit  and 
prompt  answer  was  desired  upon  this  head,  in  such  terms  as  might  tend 
to  calm  tiie  anxieties,  and  to  maintain  tho  friendship  subsisting  between 
the  two  courts. 

"  Tlie  charge  d'affaires  having  observed,  that  a  suspension  of  the  Spanish 
armaments  would  contribute  to  tranquillity,  upon  the  terms  to  bo  corn- 
municated  by  the  British  administration ;  an  answer  was  made  by  the 
Spanish  administration,  that  the  king  was  sincerely  inclined  to  disarm, 
upon  the  principles  of  reciprocity,  and  proportioned  to  the  circumstances 
of  the  two  courts;  adding,  that  tho  court  of  Spain  was  actuated  by  the 
most  pacific  intentions,  and  a  desire  to  give  every  satisfaction  and  indom- 
nification,  if  justice  was  not  on  their  side,  provided  England  did  as  much 
if  she  was  found  to  be  in  the  wrong. 

"  This  answer  must  convince  all  the  courts  of  Europe,  that  the  conduct 
of  the  king  and  his  administration,  is  consonant  to  the  invariable  prin- 
ciples of  justice,  truth  and  peace. 

"  Eli  CoNDE  DE  Florida  Banca." 

To  this  memorial  Mr.  Fitzgerald,  tho  British  minister  at  the  court  of 
Madrid,  made  the  following  reply. 


I: 


I* 


'"^SSS^^'SEWi 


i; 


BRITISH  CLAIM  TO  OREGON. 
4» 

**Sir:  „  ,     j„„;-o  1  have  now  the  honor 

of  communicating  to  >  ou,  m  wriuii„, 

versation  wo  had  the  .lay  before  ye«t«;;^J:    ^  ^^.^      The  court  of 

.Tha  substance  of  the.e  oteervat.ons  >«  ^"-^Jy  J^^^^^  ^,„  .liire- 

W-on  is  animated  with  the  "^f  ^^^^^^l^^ ^^TZ^k,  relative 

,..ncn  that  at  present  subsists  between  f,^"'';' '^.^""^f^j^^jiy  „e.mtiation; 

rt::e;:rs:;i=  t^t .  o^Ld  ->—----; 

original  state;  and  as  certain  acts  have  been  en     .e.  .  _^^^ 

qoestion,  by  vessels  belnn^jnig  to  the  oy.l  "^^^^^J^^^^^^  ,f  ,„y 
several  British  vessels,  without  any  '•^P'!'^^'  .J^,  '"f„'  ^^ ViMit  to  insisU 
sort,  on  the  part  of  Britain  ;  that  power  >«  P^'^^'  ^  j^J^^  ;;,,,,ion  for 
as  a  preliminary  condition  upon  a  P^^^^  T  ,  .^"'^„;,,,,.'^,a.  .raWice 
these  acts  of  violence;  and  in  c-sequence  of  "^^  P^  ^;^^  ^,.  ',,,  „,. 
of  nations  has  limUed  such  ri.hi  oj  reparal'm^  ^  ^7  »  /./«  r/  /.,  the. 
Lion   of  the  vrsseJ.,  a  full  ^^f^^l^'^^"^';;;'^^  of  red 

,any  injured,  «'f /^^^JJI^f  ^ J^  ^TTSaL  of  my  court,  far 
to  his  fag;  so  that  it  is  evident,  that  the    .r  ^^.^  ^,^^^_ 

from  containing  anything  to  prejudice  >'r^^^'J^  ,^  ,^J  ,,  c ..-eat 
oUc  majesty,  amo.      to  no  nK>re  in  f^U,   Imn   vha  -^.^.^^^^ 

rS  on  Ir^X  and  on  which  your  ^^IJ^J:,:^: 
some  explanation,  I  am  authorised,  sir,  to  r"^^;'^;^^;;^  ,,,,,ance, 

.TOKS,  under  .he  conditions  specified  '"  ^^^  ^^  ?^^^  ,,  constituting 
16th  of  Mav,  will  be  regarded  J  /-  f  ^  "^.m  accept  of  it 
in  itself  the  satisfaci.o^i  demanded  ^  J^"  "^  '^^"'  "^\J,,  ,,ui,  that,  as  it 
as  such,  by  a  counter-declarat.on  on  ^-  P^^^  ^  ^^  ^,,,,i,,,  ,,,,o!, 
appears  uncertain  '^  ;''''' f'^^'^'^/  f;.„7^^^^  of  the  British 

and  the  Iphigeniu,  had  truly  a  right  to  er^^oy  tl^  ^Examination  of  this 

«-^^:  T:^^  :^a  r£::^  r;«nf^.e  .sses  sustained 
^r:::,::^^^^  lea  to  the  determination  oUornm.s.ners,  to  be 


BRITISH  CLAIM  TO  OREGON. 


43 


be  honor 
the  con- 
court  of 
the  diffe- 
,  ralativo 
rot  i  at  ion ; 
i  reason, 
It  ill  their 
.tituilos  in 
n,  a<iainst 
jc  of  any 
t  to  insist, 
ration  for 
y.  practice 
z.,  Ilic  res. 
lied  hji  the 
mit  offered 

court,  far 
,/"/i(«  Cath- 
:  by  (Jreal 
lar  circum- 
!  of  London 
rs  to  desire 
lis  Catl\olic 
1  substance, 
and  .luimble 
lo  a  promise 

the  PKOPRi- 
erry,  on  the 
cons-tituting 

accept  of  it 
d,  tliat,  as  it 
icau  vosso!, 
if  the  British 
ition  of  this 
SOS  stistained 
doners,  to  be 

of  what  I  ob- 
crh  the  whole 
characterizes 
3  sooii  as  jxw- 
olFicial  paper 
the  reasons  I 


have  mentioned,  cannot  be  regarded  by  his  Britannic  majesty,  as  fulfilling 
bis  just  expectations. 

•'  I  have  the  honor  to  bn,  etc. 

"ALI.EVrZE    FiTZIIEUBERT." 

From  the  forerroinj;  answer  of  the  Britisli  minister,  it  will  be  seen  what 
were  the  demands  of  Great  Britain  upon  the  court  of  S|)ain — restitution  of 
the  vessels  taken  at  Nootka — indemnification  for  the  losses  to  the  proprie- 
tors, and  satisfaction  for  tlie  insult  to  tlio  Britisli  flajj.  And.  moreover, 
those  demands,  says  the  minister,  do  not  contain  anything  to  prejudice  the 
right  of  his  Catholic  majesty.  Lest  there  should  he  any  misunderstanding 
with  ref-ani  lo  tills  suhject,  the  followiiirr  reply  of  the  Spanish  minister  is 
as  full  and  explicit  as  language  can  make  it,  and  was  intended  by  the 
r.  \isler  to  be  conclusive  evidence,  that  whatever  conce.ssions  were  made 
by  his  Catholic  niaj(^sty,  they  were  not  made  upon  the  ground  that  Spain 
had  not  exc/itsive  sovereignty  in  the  port  of  Nootka  and  adjacent  territo- 
ries, or  tliat  Martinez  had  committed  a  wrong  by  the  seizure  of  the  ves- 
sels under  the  British  and  Portuguese  flags. 

The  Count  de  Florida  Banca's  Reply. 

"JunclSth,  1790. 

"  You  will  pardon  me,  sir,  that  T  cannot,  give  my  assent  to  the  principles 

laid  down  in  your  last  letter,  as  Spain  maintains  on  the  most  solid groundt, 

that  the  detention  of  the  vessels  tens  made  in  a  bay  of  Spanish  America, 

the  commerce  and  navigation  of  wliich  belonged  exclusively  to   Spain,  by 

TREATIES  WITH  ALL  NATIONS,  EVEN  ENGLAND  HERSELF. 

"The  principles  laid  down  cannot  be  adapted  to  the  case.  The  ves.sels 
detained,  attempted  to  make  an  establishment  at  a  port  where  they  found 
a  nation  actually  settled — the  Spanish  commander  at  Nootka  having,  pre- 
vious to  their  detention,  made  the  most  amicable  representations  to  the 
aggressors,  to  desist  from  their  purpose. 

"  Youi"  excellency  will  also  permit  me  to  lay  before  you,  that  it  is  not  at 
all  certa.n  tliat  the  vessels  detained,  navigated  under  the  British  flag,  al- 
though 'iii'y  were  Fjiiglish  vessels ;  there  having  been  reason  to  believe 
tha!  '  v  <ji.  vigated  under  the  protection  of  Portuguese  pass|)orts,  fur- 
nishf  ;  i  vVu  by  tlie  governor  of  Macao,  as  commeicial  vessels,  and  not 
be.ci,:  .;•  ■  <o  .!}.  royal  niaiine.  Your  excellency  will  add  to  these  rea- 
sons, thai  1  Ih'!  restitution  of  these  vessels,  their  furniture  and  cargoes, 
or  their  value,  in  consequence  of  the  resolution  adopted  by  the  viceroy  of 
Mexico,  which  has  been  approved  of  by  the  king,  for  the  sake  of  peace, 
everything  is  placed  in  its  original  state,  the  object  your  excellency  aims 
at;  nothing  remaining  unsettled  but  the  indemnification  of  the  lo.sses. 
and  satisfaction  for  the  insult,  which  shall  also  be  regulated,  when  evi- 
dence shall  be  given  what  insult  has  been  committed ;  which,  hitherto* 
has  not  been  sufllciently  explained. 

"  However,  that  a  quarrel  may  not  arise  about  words,  and  that  two  na- 


t 


BRITISH  CLAIM  TO  OREGON. 


I 


44  

„    .         u  ntlipv  mav  not  be  exposed  to  the  calamities  of  war, 
tions,  friend  y  to  eaeh  o  he,   may  n  P      ^^^^^  ^  .^  ^^.^^^^  ^^^^^,^^^ 

I  have  to  inlorm  you   su,  by  oulcr  o  «-  .^  letter, 

to  make  tl,o  ^l<^'^l^-!'""tm^irr.ieBty  a  j"t  and  suitable  satisfaetion, 

S\:i^oLertri;r:?^irn4  provided  that  to  these  a. 

added  e-ther  of  the  following  «;;rj^"^;;°';;  "  .^^^^^  ,„d  satisfaction  shall  be 
« 1.  That  in  ofTerinR  such  f 'f  ^^'"^^^ ';'"  d„„,ent  to  be  pronouneed 

cido  as  ho  thinks  fit.  suitable  satisfaction,  care  shall  be 

"  •-"■  That  in  oifermg  a  f u^  ,  ^^  ^'i  n  n  be  opened,  no  facts  be  ad 

S;;;  ^z!^z:^^^^^y  ^-^^^^^^  '^  '^'-'  ^^'^""' '-''' 

regard  to  the  insult  offered  t     -    '^«^-  ^^^  ^^^^^.^.^^^  ,,^^^  „„  ,.„^,, 

ence  le  dra.n  'W--  -/-^  equ.vaentsa"  faction,  if  it  shall  be  found 
exacting  from  Great  Bntaui  an  eq  ^^  ^^^^^j  ^^^_ 

exrI.n..i0M  to  ,hc  .'l'='»"'7>°"^X'Lt  occurs  to  you,  that  it  ,.ay 
rotire-Z-Trr;  Sr^l^rLy  .o„d  .»  P^^ote  the  peace 

which  we  desire  to  establish. 

»  I  have  the  honor  to  be,  etc., 

.<  El  Conde  de  Florida  Banca." 

.  T  1      1 -ran  the  following  declaration  and  counter  dec 
On  the  24th  of  July,  1^'^"''^^*;''?  Madrid  ;  by  which  it  will  be  seen 

but  on  the  contrary,  the  laUe.   '=^^"^;°;    ^^^  „,      ej^diee  the  right  of 

DECLAKATION. 

..„.Brita„nic™ie.y,havL„geo.pU«o^*^^^^^^ 

-C,  be.„„g,n.  ';  j-^'J^l  o»t  L "he  servic'o  of  the  king,  .h. 
northwest  coast  of  America,  oy  ui 


BRITISH  CLAIM   TO  OREGON. 


45 


undersigned,  counsellor  and  principal  secretary  of  state  to  his  majesty, 
being  tiiereto  duly  authorized,  declares  in  the  name  and  by  the  order  of 
his  said  majesty,  that  he  is  willing  to  give  satisfaction  to  his  Britannic 
majesty  for  the  injury  of  which  he  has  complained,  fully  persuaded  that 
his  said  Britannic  majesty  would  act  in  the  same  manner  toward  the  king 
under  similar  circumstances.  And  his  majesty  further  engages  to  make 
full  restitution  of  all  the  British  vessels  which  were  captured  at  Nnotka, 
and  to  indemnify  the  parties  interested  in  those  vessels  for  the  losses  which 
they  shall  have  sustained,  as  soon  as  the  amount  thereof  shall  have  been 
ascertained. 

•'  It  behig  understood,  tliat  this  declaration  is  not  to  preclude  or  prejudice 
the  ulterior  discussion  of  any  right  which  his  majesty  may  claim  to  form  an 
exclusive  establishment  at  the  Port  of  Noolka. 

"  In  witness  whereof,  I  have  signed  tliis  declaration,  and  sealed 

L.  s.     it  with  the  seal  of  my  arms,  at  Madrid,  the  27th  July,  1700. 
(Signed,)  "  Le  Conde  de  Florida  Banca." 


OOUNTSR   DE^LAUATION. 

"  His  Catholic  majesty,  having  declared  that  he  was  willing  togive  satis- 
faction for  the  injury  done  to  the  king  by  the  capture  of  certain  vessels  he- 
longing  to  his  subjects,  In  the  Bay  of  Nootka,  and  the  Count  do  Florida 
Banca  having  signed,  in  the  name  and  by  order  of  his  Catholic  majesty, 
a  declaration  to  this  effect,  and  by  which  his  said  majesty  likewise  en- 
gages to  make  full  restitution  of  the  vessels  so  captured,  and  to  indemnify 
the  parlies  interested  in  these  vessels  for  the  losses  they  shall  have  sustained, 
the  undersigned,  embassador  extraordinary  and  plenipotentiary  of  his 
majesty  to  the  Catholic  king,  being  duly  and  expressly  authorized,  accepts 
the  said  declaration,  in  the  name  of  the  king,  and  declares  tliat  his  majesty 
vriU  consider  this  declaration,  together  with  the  performance  of  the  engage- 
ments contained  therein,  as  a  full  and  entire  satisfaction  for  the  injury 
of  which  his  majesty  has  complained, 

"  The  undersigned  declares,  at  the  same  time,  that  it  is  to  be  understood 
that  neither  the  said  declaration,  signed  by  Count  Florida  Banca,  nor  the 
acceptance  thereof,  by  the  undersigned,  in  the  name  of  the  king,  is  to  pre- 
clude or  prejudice,  in  any  respect,  the  right  which  his  majesty  may  claim  to 
any  establislment  which  his  subjects  may  have  formed,  or  should  he  desirous 
of  forming  in  future  at  the  said  Bay  of  Nootka. 

"  In  witness  whereof,  I  have  signed  this  counter  declaration,  and 

L.  s.     sealed  it  with  the  seal  of  my  Arms.     At  Madrid,  the  24th  July, 
1790. 

(Sig':ed,)  «' Alleyne  Fitzherbebt." 

It  may  be  well  to  note  here,  the  difference  between  the  last  clause  of 
the  declaration  by  Coun  Banca,  and  the  last  clause  in  the  counter-decla- 
ration by  Mr.  Fitzherbert.    The  declaration  of  his  Catholic  majesty  is  not 


BRITISH  CLAIM  TO  OREGON, 
ment  at   Nootka,  while   inn   c.u  ,  ji^  i,ig  subjects  may 

Nootka."  ,    , .  •  „j  ,i,u  claim  so  set  fortli  in  the  countcr-de- 

If  Great  Britain  had  obtained  this  ^^^  '"'  ^°/'; ,  ^  rWhi  of  sovcrcmnty, 
olarution  as  reserved,  it  couUl  not  h^.^^g^;"  ^  ^^^^^^^^^  ^le  mh  of  Oc- 
for  the  fifth  article  of  the  treaty  which  --  -^  "^  1  these  establish. 
tobev  following,  reserved  to  the  ''""J    "^  ^J'^;,,£:',,,„w,-,,,,„„..  and 

called  the  Convention  of  the  Lscunal : 

.  T„K  Convention  between  ms  Britannic  Majestv  and  the 

^;;:.:;X!;    S^KOATTHE    EsCUEIA^XUE   XWENXV-EIOHTH    0.    Oc- 

touer,  1790.  . 

.  Their  Britannic  and  Catholic  ^^^-^^ ^Zf^:^^ 
„y  a  speedy  and  solid  '^^^-""^^^'[^l'^^^^^^^^  attaining  this 

l^tween  the  two  crowns,  have  i^^^fj^^^^^^^^^^^  which,  setting 

salutary  object,  would  be  that  °f;"/"^^"^f^'^  ^  pretensions  of  the  two  par. 
aside  all  retrospeeiive  discussron  of  th  "^^;  «f  J  ^^  ^^  i,^,  eonform- 
Hes,  should  fix  their  respective  situation  for  tie  futm^  -  ^^i^e  with  which 
able  to  their  true  interests,  ^^jf ^^.^^^^^^JXi",  ^h  each  other,  in  eve- 
their  said  majesties  are  -"^^  ;^;;'^X  3  harmony,  and  good 
,ything  and  m  -"  ^^^^'^  V  th  /have  constituted'for  their  plenipoten- 
r""'?::rbn  the  prr'hL  Britannic  majesty,  AUeyne  FitzherbeH 
tiaries,  to  wit.  on  int  (mii.  „„„„ii  :„  Groat  Brita  n  and  Ireland, 

jesty  ;  and  on  the  pan  oi  iu«  v^a  .,  Soanish   order  of 

Charles  11.,  counsellor  ui  .  ,    ^  .   ,„,,_   „(•,,.,.  having  communicated  to 

west  coast  ot  tlie  t^oniinciu  ui  i  Rritannic  majestv  were  dis- 

_T;f.i  .".Hr  vi!;,c„c.  -'"'t'Ssrwr^sX- ;'.nrof 

,„d  sutecuont  to  tl»  mom,  of  ,'^P''  ^ "f '.'jj J'^^"  ' ,„d  i„  oa»  said 


BRITISH   CLAIM   TO  OREGON. 


47 


sessed  of  their  lands,  buildings,  vessels,  merchandise,  and  other  property 
whatever  on  tlie  said  Continent,  or  on  the  seas  and  islands  adjacent,  they 
Khali  i)e  rrestahlishod  in  the  possession  thereof,  or  a  just  compensation 
shall  he  made  to  them  for  the  losses  which  they  have  sustained. 

"  Akt.  n.  In  order  to  strengthen  the  bonds  of  friendship,  and  to  preserve 
in  future  a  perfect  harmony  and  good  understanding  between  tlie  two 
noiitracting  parties,  it  is  agreed,  that  their  rrsprrlivr  suhjrrt.s  shall  not  he 
dislurhi'd  or  molested,  cither  in  nefrotiatitig  or  mrryin-^  on  their  fmheries  in 
the  Vaeilir.  Oeeitn  or  in  the  South  Sens,  or  in  landing  on  the  coasts  of  these 
sens,  in  plaees  not  already  occupied,  for  the  purpose  ofcarri/inir  on  their  com. 
merce  unth  the  natives  of  tlie  country,  or  of  making  settlemenh-  there  ;  the 
whole  subject,  nevertheless,  to  the  instructions  specified  in  these  following 
articles. 

"  AnT.  4.  His  Britannic  majesty  engages  to  take  the  most  elTectual 
measures  to  prevent  the  navigation,  and  the  fisiiing  of  his  subjects  in  the 
Pacific  Ocean,  or  in  the  South  Seas,  from  being  made  a  pretext  for  illicit 
trade  with  the  Spanish  settlements  ;  and  with  this  view,  it  is,  moreover, 
expressly  stipulated,  that  British  subjects  shall  not  navigate  or  carry  on 
their  fishery  in  the  said  seas,  nrithin  the  space  of  ten  sea  leagues  from  any 
part  of  the  coasts  alreadi;  oceupied  by  Spain. 

"  A  UT.  5.  As  well  in  the  places  which  are  to  be  restored  to  the  BritiiA 
miijeuc  by  "irli:..  of  the  first  Article,  as  in  all  other  parts  of  the  north- 
western coast  of  America,  or  of  the  islands  adjacent,  situate  to  the  north 
of  the  parts  of  the  said  coast  already  occupied  by  Spain,  wherever  the 
subjects  of  the  two  powers  shall  have  made  settlements,  since  the  month 
of  April,  1789,  or  shall  hereafter  make  any,  tlie  subjects  of  tlie  other 
shall  have  free  access,  and  shall  carry  on  their  trade  without  any  disturbance 
or  mnlestation. 

"  AuT.  6.  With  respect  to  the  eastern  and  western  coasts  of  South 
America,  and  '.o  the  islands  adjacent,  no  settlement  shall  be  formed  here- 
sfter  by  the  respective  subjects  in  such  part  of  those  coasts  as  are  situated 
to  the  south  of  those  parts  of  the  same  coasts,  and  of  the  islands  adjacent, 
which  are  already  occupied  by  Spain ;  provided,  that  the  said  respective 
subjects  shall  retain  the  liberty  of  landing  on  the  coasts  >and  islands  so 
situated,  for  the  purposes  of  their  fishery,  and  of  erecting  thereon,  huts 
and  other  temporary  buildings,  serving  only  for  those  purposes. 

"  AuT.  7.  In  all  cases  of  complaint,  or  infraction  of  the  articles  of  the 
present  convention,  the  officers  of  either  party,  without  permitting  tliem- 
s<>lvos  previously  to  commit  any  violence  or  acts  of  force,  shall  be  bound 
to  make  an  e.\act  report  of  the  affair,  and  of  its  circunit^tanccs,  to  their 
r<>3pretive  courts,  who  will  terminate  such  differences  in  an  aniicabk! 
manner. 

*'  Akt.  8.  The  present  convention  shall  be  ratified  and  confirmed  in  the 
space  of  six  weeks,  to  be  computed  from  the  day  of  its  signature,  or 
sooner,  if  it  can  be  done. 


I 


!^ 


!■ 


BRITISH  CLAIM  TO  OREGON. 


n.c  and  %^  ">'^J^'^''^''  J^^  o.e  present  convention,  and  sol  thoreto 
^:!T^:Tri^^o.o  :.  the  palaco  of  St.  Lawrence,  the 
28th  of  October  1790.  ^^^^  ^^^^^  ^^  Florida  Banca. 

r'^'l  "Alleynr  Fitzherbert." 

[L.S.J 

One  of  the  .ost  temperate  -^-«  ^  ^^J^r^r^-^'- 
treaty,  n,akes  this  obsorvat.on  ^^^^7'%^",;^:' a  historian,  ho  would 
..  If  Mr.  Greenhow  were  as  good  « /^/^yfj^f  '^  .,  ^„,  „f  ,Uoso  national 
have  known  that  the  ConventK,n  ^J^^^^^ri^atsh  conventions  are  not. 
compacts,  called  Trans>tory  Co»vont,on      t  a    sueh  ^^^^^^  ...  ^^^ 

put  an  end  to,  or  even  »--;"'/ ^^^^^^^  rest'oration  of  peace, 
pended,  they  revive,  as  am  t  or  "         J-,^  _^^^^^^^  ^^^^  ^^  ,^^_^  ^  .^ 

without  any  express  ^  '1'"''^^  ""',„' "'.'  ^^^.j^,,  ,,e  says  will  be  rcsp.-cted 
national  law."  And  he  ^""^«^^V'>^^^;;'J'''tue  the  treaty  of  HO'J  fall 
i„  the  United  States.     Now   u.  ^J^^^^r'^^^  ^^^^  to  it.     Ter- 

within  this  dennition  o-;f^^;^^^^Zn:riU,ry  .,.t  l,e  .Irfnci  ; 
rilory  mtsl  he  ceded  ;  the  ^''"^^^J  ^^.^,„,„,i,  ;,  f,,or  of  one  nation, 
territory  mml  he  excham^id  ;  <fr  V^^minut       ^^  .^^  ^^^.^  ^^^^^^ 

must  ho  created  witlun  the.  ''■':"'"'-V^w"t  t hore  any  boundaries  dolined  ? 
ofl790,anycessionofterruory?     VVereU.  r    a  y  ^^^^  ^^^^^^^  ^ 

Was  there  any  terr  tory  .^^^^^^^  J^^.^Tn  ^ht,  on  the  part  of  Spain  ? 
construed  into  the  relmqu.shmg  «f -^^rfor  an  insult  to  a  national  (lag  ; 
We  answer,  no.     Reparation  wa    mad    f^^J^";"  ^„j  ,^0  rest  of 

restitution  was  granted  to  "^^^^^^^j  ^'^afr  L-tion;  England  might 
the  treaty  is  taken  ^/^^^^^^'^"^d  carry  on  her  fisheries  and  trade 
navigate  the  waters  of  the  ^o^'^^^^fZ^^       „,t  a  tr.^sitory  conven. 
with  the  natives.     And  t  was  sir  c  y^^^.^^  V^^  ^^^  ^.^^^       .overo.gnty 
tim,  so  called,     bnglana  leii  u  Utrecht.     We  sliall 

advanced  by  Spain,  to  the  operaUon  o    the  trea  y  .^  ^^^^^_ 

see  as  we  advance,  that  this  treaty  of  ^'>°  f^^fJ^^J^'^^^^ession  of  Spain, 
Thus  far,  has  been  S'-n  the  history  o  the  ale,      a  1  ^^^^ 

of  the  demand  of  "England,  the  -^P  '-^  .;;f './^ese  facts,  for  they 
rln  S;;^;rt:^Sw:^n;:ars  to  be  the  tme  state  of  the 

"^?r;^-i?^rtit=sr:s:.er::t^^ 

the  vicinity,  returned  to  San  Bias. 


Rritan- 
irtiiQ  of 
,  thereto 
nee,  the 

NCA. 


g  of  the 

oonhow  : 
lie  would 
national 
IS  are  not 
at  if  suH- 
of  pcacf, 
'•  is  inter- 
rcs*i)('ctc.<i 
170'J  fall 
I  it.     Ter- 
e  defined  ; 
one  niilion, 
this  treaty 
3  defined  ? 

could  be 
of  Spain? 
ional  flag  ; 
the  rest  of 
land  might 
s  and  trade 
.ory  conven' 
jvereignty, 

Wc  shall 
2d  in  1790. 
>n  of  Spain, 
xnd  by  the 
;ts,  for  they 
state  of  the 

)rity  of  Her- 
world  gave 
of  America, 
nd  watchful 
It  two  armed 
'e  arrived  at 
;w  months  in 


BRITIHH   CLAIM  TO  OltEGON. 


49 


In  Martinez's  report  to   the  viceroy,  the  Russian  establishments  were 
represented  as  being  four  in  number ;  that  tliey  had  not  advanced  east- 
ward  beyond   Prince    William's    Sound,    but   that  a   large    force    was 
about  fxnbarking  from  Asia  to  occupy  Nootka  Sound,  in  the  name  of  tho 
Kmpross  of  Russia.     The  viceroy  thereupon  ordered  Martinez  to  proceed 
to  Niwtka,  and  take  possession  of  it  in  the  name  of  his  Catholic  majesty.* 
In  February,  Martinez  left  San  Bias,  and  arrived  at  Nootka  on  the  (Jth 
May,  1789.    On  his  arrival  he  found  the  American  ship  Columbia,  and  the 
Iphigenia,  a  vessel  under  the  Portuguese  flag.    The  officers  of  these  vessels 
were  informed,  that  his  object  was  to  take  possession  of  the  country,  in  the 
name  of  the  king  of  Spain.     Having  ascertained  tho  purport  of  the  in- 
structions given  to  the  commander  of  the  Iphigenia,  by  lier  owners,  he 
took  possession  of  her,  but  subsequently  released  her,  as  wo  have   before 
related.     In  July,  the  Argonaut,  Captain  Colnett,  arrived  for  the  purjwse 
of  taking  possession  of  the  sound,  and  erecting  a  fort  under  the  British 
flag.     This  vessel  and  her  consort,  the  Princess  Royal,  were  taken  by 
Martinez  and  sent  to  San  Bias.     The  owners  of  these  vessels  memorial- 
ized the  British  government,  who  immediately  demanded  satisfaction  for 
the  aggressions ;  at  the  same  time  stating  that  the  discussion  of  the  claims 
which  either  party  might  advance  to  the  sovereignty  of  the  territory, 
should  be  suspended.     After  considerable  -negotiation  on  the  subject,  the 
demands  of  Great  Britain  were  complied  with  by  the  Spanish  govern- 
ment, with  the  full  understandi.ng  that  the  concession  was  not  to  affect  the 
right  of  his  Catholic  majesty,  to  the  sovereignty  of  the  northwest  coast. 
The  treaty  has  Ueen  given  at  length.     We  have  now  but  one  question  to 
ask,  relative  to  this  assertion  of  Great  Britain,  viz  :  "  The  United  States 
can  claim,  as  the  a.ssignoe  of  the  Spanish  title,  only  the  same  rights  as 
were  conceded  to  England  by  the  treaty  of  1790."     We  ask  what  has  be- 
come  of  the  right  of  sovereignty  ?     It  surely  must  have  had  an  existence. 
If  England  had  tho  right  in  1790,  she  has  it  now.     If  Spain  possessed 
it,  we  possess  it  now ;  for  surely  there  is  not  an  article  in  the  treaty  that 
can  be  construed  into  an  abandonment  of  the  title  by  Spain.     It  most  as- 
suredly did  not  expire  by  limitation.     The  treaty  itself  was  not  an  adju- 
dication of  sovereignty.     It  simply  said,  "  Know  all  men,  by  these  pres- 
ents,  that  Spain  agrees  to  indemnify  England  for  the  loss  sustained  by  her 
subjects,  at  Nootka  Sound  ;  and  she  now  grants  what  she  before  denied, 
the  right  of  England  to  navigate  those  seas  ;  to  carry  on  the  fisheries  in 
the  North  Pacific  ;  to  trade  on  the  coast  of  any  part  of  Northwest  Ame- 
rica  ;  and  to  make  such  settlements  as  are  necessary  for  the  purposes  of 
commerce  with  the  nations ;"  Spain  still  'continuing  in   full  possession 
and  in  the  enjoyment  of  all  those  rights  she  had  conceded  to  England,  as 
tenant  in  common,  of  a  property  in  which  Spain  had  the  fee  simple  ;  the 
consideration  and  the  examination,  and  ultimate  action  of  the  parties  as 
to  the  right  of  soil,  being  for  a  time  suspended.     That  this  was  the  opin- 

»  For  the  instmctionB  given  to  Martinez,  see  the  introduction  to  the  narrative  of  ths 
voyage  of  the  Sutil  and  Mezicona. 

3 


•■'i 

I 


I- 


r 


i  ■' 


50 


nRITISII  CLAIM  TO   ORKGON. 


ion  or  tliodo  who  madn  tho  treaty,  and  the  loadinf^  mcmhnrs  in  the  Rrit< 
ish  Parliatncnt  nt  thu  time,  will  be  seen  iVoin  tho  fuilowing  extracts 
from  the  debates  in  the  I  louse  of  ('ominous,  on  tho  occasion  of  a  motion 
for  a  vole,  approval  of  llie  convention.  The  following  remarks  of  Mr. 
Pox,  thu  leading  memiier  of  tho  house,  will  exjtlain  fully  all  that  Spain 
conceded,  and  all  that  Kngland  obtained  by  the  treaty  of  179U. 

"  In  tho  early  part  of  the  debute,  ho  had  heard  nothing  but  rhndnniontado 
about  our  acquisition— of  now  source's  of  trade,  now  objects  of  enterprise, 
new  oceans,  and  now  continent.s,  opened  to  tho  activity  of  our  nierchants, 
and  tho  courage  of  our  sailors ;  such  flowers  of  rhetoric  were  elegant  orn- 
bellishments,  equally  convenient  to  give  force  to  argument,  or  to  conceal 
tho  want  of  it.  But  was  it  true  that  we  had  opened  any  of  these  sources,  or 
made  a  single  acquisition  I  Tho  honorable  gentleman  who  had  spoke 
last  (Mr.  Uydcr,)  hud  put  tho  question  on  tho  true  grounds.  Having 
caught  the  contagion  of  the  speakers,  who  preceded  him  on  tlje  same 
side,  he  had  talked  of  gaining  and  aojuiring  ;  but  in  tho  progress  of  his 
argument,  he  had  very  properly  stated  that  we  had  acquired  nothing,  but 
only  obtained  security  for  what  we  had  before.  This  was  precisely  what 
we  had  obtained,  an  advantage  no  doubt,  because  it  was  wise  to  give  up 
part  of  an  unlimited  right,  to  secure  the  uninterrupted  possession  of  tho 
rest ;  but  an  advantage  to  be  estimated  by  comparing  what  wo  gave  up, 
with  what  we  retained.  What,  then,  was  the  extent  of  our  rights,  be- 
fore the  convention,  (whether  admitted  or  denied  by  Spain  was  of  no 
consequence,)  and  to  what  extent  were  they  now  secured  to  us?  We 
possessed  and  crorcisod  theyVee  navigation  of  the  Pacijtc  Ocp-  wiUiout 
restraint  or  limilalion.  We  possessed  and  exercised  the  right  of  carrying 
an  fisheries  in  the  South  Seas,  equally  unlimited.  This  was  no  barren 
right,  but  a  right  of  which  we  had  availed  ourselves,  as  appeared  by  tho 
papers  on  the  tabic,  which  showed  that  the  produce  of  itHiad  increas- 
ed, in  five  years,  from  twelve  to  ninety-seven  thousand  pounds.  This 
estate  wc  had,  and  wore  daily  improving ;  it  was  not  to  be  disgraced  by 
the  name  of  an  acquisition.  The  adviiisionof  'partof  these  rights  (navi- 
gation  and  fishing*)  by  Spain,  was  nil  we  had  obtained.  It  remained  to 
inquire  what  it  had  cost.  Our  right  before  was  to  settle  (not  rule*)  in  any 
part  of  South  or  Northwest  America,  not  fortified  against  us  by  previous  oc- 
cupancy ;  and  we  are  now  restricted  to  settle  in  certain  places  only,  and 
under  certain  restrictions.  This  was  an  important  concession  or  our  part. 
Our  rights  of  fishing  extended  to  the  whole  ocean,  and  it  too  ms  limited, 
and  to  be  carried  on  within  certain  distances  of  the  Spanish  settlements. 
Our  right  of  making  settlements  was  not,  as  now,  a  right  to  uitild  nuTS, 
btU  to  plant  cot.ONiF.s  if  we  thought  proper.  Surely  those  w<!rc  not  acqui- 
sitions, or  rather  conquests,  os  some  would  wish  us  to  consider  them,  if  wo 
were  to  judirc  by  their  triumphant  language, — but  groat  and  important 
concessions !  Every  now  regulation  was  a  concession,  not  an  acquisi- 
* 


w 
as 
al 

ar 
th 


of 


the  Brit- 
cxtrncta 
a  tnntioti 
s  of  Mr. 
lat  Spain 

nniontado 
nterprise, 
lerchants, 
i-ffant  ein- 
:o  conceal 
onrcos,  or 
lad  spoke 
Having 

the  same 
[•ess  of  his 
Dthiiig,  but 
isely  what 

to  give  up 
dion  of  the 
0  gave  upi 

•  rights,  be- 
was  of  no 

•  us?  We 
>-  without 
of  carrying 

no  barren 
a  red  by  tiio 
lad  increas- 
inds.  This 
isg  raced  by 
•ighls  (navi- 
remaincd  to 
iilo*)  in  any 
previous  oc- 
:es  only,  and 
or  our  part. 

•  ws  Hmilcd, 
s^lilcmenls. 

»  ^itild  nuTS, 
ic  not  acqui- 
r  them,  if  wo 
ind  important 
)t  an  acquisi- 


BRITISH  CLAIM  TO  OREGON. 


51 


lion.  It  was,  Indeed,  said  in  his  majesty's  message  to  both  Ilnnscs  of 
Parliatncnl,  that  a  claim  wns  asserted  by  Spain  to  the  exrlusivr,  right  of 
lovereignly,  navignllon  and  commrrce  in  the  terrilorirs,  contis  and  sens,  in  that 
parte '"the  world.  Hut  was  a  message  from  his  majesty  a  sufficient  authority 
to  the  House  for  tlie  nature  and  extent  of  the  claims  of  Spain  ?  An  honora- 
ble baronet  had  said  :  '  Look  into  all  Ihr  treaties  from  the  lime  of  Charle*  IT. 
to  the  treaty  of  Utrecht,  and  there  the  romantic  and  unwarrantable  claim* 
of  Spain  will  appnir.'  Were  that  statement  correct,  the  consequence 
must  be  that  our  tluims  on  Spain  were  unjust  and  unwarrantable,  and 
insisting  on  them  a  direct  violation,  because,  wherever  the  claim*  of  Spain 
were  recorded,  the  amcessions  of  Great  Britain  were  recorded.  But  he 
rejoiced  (i)r  his  country  that  it  was  so.  He  was  as  much  a  friend  to  the 
claims  of  Spain,  sanctioned  by  the  treatv  of  Utrecht,  as  Count  Flor- 
ida Bunca,  or  any  Spanish  minister,  because  they  werefounded  in  justice. 
These  were  an  exclusive  right  of  territory,  Kavi^nlion  and  commerce,  in  the 
seas  rtm/co(M/»  of  Spanish  America.  The  absurd  and  extravagant  claims 
arose,  from  extending  the  term  Spanish  America  to  the  seas  and  coasts 
where  Spain  had  no  right  of  occupancy ;  and  in  this  extension  of  the 
term,  had  every  one  of  our  preceding  disputes  about  the  claims  of  Spain 
originated.*  To  what  did  we  object  before,  but  to  the  indefinite  limits  of 
Spanish  America  ?  The  objection  .still  remained,  for  the  limits  of  Span- 
ish America  were  still  undefined,  not  perhaps  in  a  way  so  likely  to  crite 
disputes  as  formerly,  but  sufTicicntly  vague  ami  uncertain  to  afford  a  pre- 
text, where  there  was  a  previous  disposition  to  (juarrel. 

On  this  point,  therefore,  abstractedly  considered,  we  had  gained  nothing. 
We  had  renounced  the  right  of  permanent  settlement  on  the  whole  extent  of 
South  America,  and  where  the  admitted,  right  of  settlement  on  the  northxoeat 
coast  commenced,  was  completely  undefined.  If  it  was  said  at  Nootka, 
wo  did  not  know  that  Nootka  would  be  restored.  (It  never  was.)  It  was, 
indeed,  stipulated,  by  the  first  article  of  the  convention,  that  all  the  build- 
ings and  tract.1  of  lands  of  which  we  had  been  dispossessed  about  the  month 
of  April,  17W(),  were  to  be  restored.  Why,  about  the  month  of  April  was 
mentioned  in  so  indefinite  a  way,  a  learned  gentleman  had  endeavored  to 
explain,  by  saying  there  was  danger  in  mentioning  a  particular  day;  be- 
cause, if  any  mistake  of  date  should  occur,  that  might  give  rise  to  dispute, 
[f  Captain  Meares's  authority  was  good  for  anything,  it  was  surely  good 
for  the  date  at  which  his  ship  was  taken  ;  and  that,  by  his  own  account, 
was  on  the  llUh  of  May.  Wiiy,  about  the  month  of  April  was  inserted 
as  the  date  of  what  happened  in  May,  being  on  the  face  of  it  unaccount- 
able, gave  reason  to  imagine  that  it  was  done  to  answer  some  purpose, 
and  consequently  excited  suspicion.  By  the  '2nd  Article,  it  was  provided, 
that  everything  of  which  either  party  had  been  dispossessed,  by  the  other, 
subxcqnent  to  the  month  of  April,  should  be  restored,  or  a  just  compensation 

*  The  qucfllion,  what  territories  were  embmccd  in  Spanuli  ylmrn'ca,  depends  ii|ion  proof 
of  whnt  Bhe  had  discovered  at,  and  before,  the  f  jrmatioii  of  tho  Treaty  of  Utrecht.  ThiH 
question  ia  now  open  betweer.  America  ami  firitniiL 


I 


■I, 


ii 


I 


k 


-  i 


52 


IIRITISH  CLAIM   TO  ORKCJON. 


made.*  Now,  as  thero  was  soino  ground  to  bcliovo  that  wo  had  been  (lis. 
possnsscd  of  Nootka  subsequent  to  tliat  period,  iiow  could  wo  ho  sure  that 
Spain,  instead  of  restoring  it,  would  not  ojfir  a  compensation,  Thi^  h-arned 
gentleman  said  it  was  otherwise  agreed  upon.  If  ho  knew  that,  he  know 
more  than  the  Ilouse  knew.  By  the  I^rd  Article,  wo  are  autiiorized  to 
navigate  the  Pacific  Ocean  and  South  Seas,  unmolested,  for  the  purpose 
of  carrying  on  our  fisheries,  and  to  land  on  the  unsettled  coasts,  for  the 
purpose  of  trading  with  the  natives  ;  but  after  this  pompous  recognition  of 
right  to  navigation,  fishery  and  commerce,  comes  anotlicr  article,  the  Oth, 
which  takes  away  all  right  of  landinf^,  and  erecting  even  temporary  huts,  for 
any  purpose  hut  that  of  carrying  on  the  fishery  ;  and  amounts  to  a  complete 
dereliction  of  all  right  to  settle,  in  any  way,  for  thr,  purpose  of  commerce  with 
the  natives.  *  *  *  *  In  renouncing  iill  right  to  make  settlements  in 
South  America,  we  had  given  to  Spain  what  she  considered  as  inestima- 
ble, and  had,  in  return,  been  contented  witli  dross.  ♦  ♦  ♦  ♦  Thus, 
lie  had  shown  that  the  treaty  was  a  treaty  of  concessions,  and  not  of  ac- 
quisitions; that  admitting,  as  ho  did  admit,  the  propriety  of  conceding  part 
of  our  general  rights  to  secure  the  undisturl)ed  possession  of  the  rest,  wo 
i.:?d  given  up  what  was  of  infinite  value  to  Spain,  and  retained  what  could 
never  be  of  much  value  to  ourselves  ;  and  that  what  wo  had  retained  was 
so  vague  and  indescriptive,  so  undefined  in  limits,  and,  consequently,  so 
liablo  to  be  again  disputed,  that  we  had  conceded  much  more  in  point  of 
right,  than  wo  had  gained  in  point  of  security." 

Wo  have  room  but  for  one  more  remark  of  the  honorable  gentleman,  which 
is  of  the  most  force  of  any  made  on  the  occasion,  and  it  is  this :  "  It  was  not 
true,  as  had  been  asserted,  that  there  was  any  intricacy  in  the  question  of 
right,  between  us  and  Spain,  had  it  been  thought  expedient  to  bring  it  fairly 
to  discussion.  It  stood  on  tho  general  principle  by  which  all  European  na- 
tions  were  governed  in  forming  settlements,  namely  :  that  where  the  sub- 
jects of  no  power  had  settled,  those  of  every  other  Ixad  a  right  to  settle.  This 
was  the  general  principle." 

By  this,  then,  we  will  test  the  claims  that  have  been  put  forth  by 
Great  Britain.  Let  us  grant  that  Sir  Francis  Drake,  in  the  year 
1579,  saw  some  part  of  the  coast  of  Northwest  America,  and  took 
possession  of  the  country  in  the  name  of  tho  king  of  England — no  other 
British  ves$el  visited  that  coast  for  near  two  hundred  years.  So,  ot 
course,  that  would  give  them  no  right.  Captain  Meares,  if  he  had 
sailed  under  the  English  flag,  made  no  settlement  at  Nootka ;  for  the  very 
purpose  he  had  in  view  in  erecting  a  house,  was  for  tho  temporary  ac- 
commodation of  tho  party  he  left  there  while  collecting  fur  in  the  vicinity  ; 
and  when  tho  vessel  left  for  Macao,  there  was  not  a  vestige  remaining 
even  of  that  small  hut  at  Nootka  ;  and  the  English  made  no  settlement 
on  the  northwest  coast  of  America,  in  any  part  of  it  drained  by  the  Colum- 
bia, prior  to  1811 ;  nor  in  any  other  part  of  Oregon,  till  1806. 

*  Itwu  not  mtotad.    Bpkin  Mid  to  ui ;  £ii|liuid  miut  go  to  Spain  for  airatn. 


li 


liRITlSH   CLAIM  TO  ORKOON. 


M 


bocn  (lis- 
Hurc  that 
c  learned    ' 
,  ho  know 
lorizcd  to 

0  purposo 
Is,  for  tho 
)i»nition  of 
c,  tlic  Otli, 
/  hnt.i,  for 
a  cmnplrtc 
merce  with 
loments  in 
j  inestima- 

♦  Thus, 
not  of  ac- 
jeding  part 
lio  rest,  wo 
wlmt  could 
jtained  was 
quently,  so 

1  in  point  of 

iman,  whic.l\ 
"  It  was  not 
f  question  of 
■ing  it  fairly 
uropean  na- 
ere  the  sub- 
ieltle.     This 

)ut  forth  by 
in  the   year 
a,  and   tooit 
nd — no  other 
am.      So,  ot 
s,  if  he  had 
for  the  very 
emporary  ac- 
1  the  vicinity ; 
ge  remaininsf 
no  settlement 
by  the  Colum- 
)6. 


To  proceed,  however,  with  tho  treaty,  we  have  given  the  remarks  of  the 
lender  of  th(!  House  of  Commons  ;  we  will  now  give  Romo  extroctH  from 
the  ro|ily  of  Mr.  I'itf.  In  nnswor  to  tlic  ar^Mimenf  of  Mr.  Vox,  to  prove 
that  the  convention  lia'l  iiccn  one  of  concessions,  and  ii^t  of  aci|uisitions, 
on  the  part  of  CJiviit  IJiitan,  Mr.  Pitt  nuiintaincd,  that  "  thonjih  what  this 
country  had  ijaincd  consisted  not  of  new  rij^hts,  it  cerlaiidy  did  of  new  iid- 
vantiif^cs.  Wr  hud  Ik  fore  a  rif^ht  In  thr  snulhcrn  inhnlr  fi$hcnj,  mvl  a  right 
to  mivifffitr  and  carry  on  fisheries  in  the  Pacific  Ocean,  and  to  trade  on  thr. 
con.ilx  of  any  jtart  of  il  northwest  of  America ;  mrr  that  uiuiit  not  only  had 

NOT  rtKKN  A(K.\OWt,r.l)(!t-I),  DtfT   DISITTKI)  AND  HKSlSTKn."   Ilero  WO  huVO  the 

chums  of  (ireat  Britain,  which  liad  been  "disputed  nnd  resisted"  hy  Spain: 
"  liio  southern  wliiile  fisliery,  tlie  nnvipation  and  the  tnrrving  on  of  the 
fislieries  in  tlie  I'licific  Oceiin,  and  of  tradin;;  on  any  of  tlie  coasts  northwest 
of  America."  By  tho  convention,  these  claims  of  Great  Britain  had  been 
allowed  ;  "  a  circumstance,"  says  Mr.  Pitt,  "  which,  thoui;h  no  new  rii'ht, 
was  a  new  a(lvanta<;e.  Spoin,  besides  tlie  ri^lit  of  sovereifrnty  on  the 
northwest  coast,  as  far  as  tho  Russian  settlements,  had  claimed  the  navi- 
gation and  exclusive  commerce  of  tho  South  Sea.  And  this  convention 
had  fc)r  its  object,  besides  the  reparation  for  tlie  insult  to  the  British  fla" , 
and  the  restoration  of  property,  tho  arranginj,'  tiio  rights  of  navigating  tho 
aforesaid  South  Sea  ;  of  (Ishing  and  of  trailing  with  the  natives,  and  some 
restrictions  as  to  the  manner  and  mode  of  makifig  temporary  settlements. 
The  king  of  Great  Britain,  in  iiis  message  to  Parliament,  spoke  of  this 
claim  to  Spain's  rights  of  snvereifjniy,  navi station  and  commerce,  in  the  terri- 
tories,  seas,  ami  coasts  in  that  part  of  tho  world.  The  king  of  Spain  reit- 
atcd  it,  in  his  circular  to  the  dilferent  courts  of  Europe  ;  and  it  was 
burthen  of  every  olTicial  communication  between  tlie  high  contracting 
.les,  at  the  time  of  forming  tho  treaty.  Groat  Britain  made  no  such 
pretension,  nor  did  she  deny  tho  validity  of  the  title  of  Spain  to  the  coun. 
try.  All  that  was  said  of  it,  in  the  preliminary  negotiation,  was,  that  tho 
question  should  not  be  discussed  until  a  proper  reparation  had  been  made 
for  the  insult  to  the  flag  of  England.  That  reparation  was  made  ;  and  the 
title  to  the  sovereignty  of  Oregon  being  clearly  and  in  explicit  terms,  for 
that  time,  waived,  is  tho  matter  in  difference  between  these  States,  as  the 
successors  to  the  Spanish  title,  and  Great  Britain.  England,  indeed,  must 
now  show  her  title.  Was  it  derived  from  Drake's  and  Meares's  opera- 
tions,  tho  treaty  of  1790,  or  is  there  some  other  ridiculous  fabrication  to 
be  drummed  from  its  grave  to  support  it  ? 


CHAPTER  III.     . 

WHOSE    IS  THE  SOVEREIGNTY  OF  OREGON  ?— IT  IS  OURS. 

We  have  given,  in  the  preceding  pages,  the  history  of  the  discovery  of 
the  Oregon  coast  by  Spain,  and  of  the  pretensions  of  Br>taui  in  that  re- 
sard      We  have  shown,  that  Spain  explored  Northwest  America  by  and, 
as  far  as  the  i)5th  degree  of  north  latitude,  as  early  as  1539  ;  explored 
and  took  possession  of  the  country  about  the  Gulf  of  Calilornia,  for  two 
hundred  miles  up  the  Colorado  of  the  west,  in  1540-41-42  ;  explored  and 
took  possession  of  the  whole  interior  of  California,  as  far  as  43    or  44 
north   in  1542 ;  explored,  by  sea,  the  Californian  coast,  and  took  forma 
posse;.  :un  of  bays  Ll  lands,  as  far  as  W  north,  in  1542-3;  explored 
by  Und,  and  took  possession  of  it,  as  far  as  44=  north,  in  the  same  year  ; 
and  we  have  seen  that,  up  to  this  last  date,  Spain  had  no  competitor  m 
the  ma-oh  of  her  discoveries  on  the  northwest  coast  of  America,      b he 
alone  hau  title  as  discoverer  and  occupant,  from  Cape  San  Lucas  nonh- 
ward,  to  a  point  situated  about  one  hundred  and  fifty  miles  south  of  the 

Columbia  River.  „     ,.  ,     .  .       i 

But,  in  1577,  we  have  learn-,  aiat  Drake,  an  F.iglish  pirate,  entered 
the  Pacific  Ocean,  and  pretended  to  have  visited  this  coast,  between  lati- 
tudes 37°  and  49°.     We  have  shown,  however,  that  he  never  saw  the 
coast  of  Northwest  America,  at  the  latitudes  mentioned  in  the  accounts  <•! 
his  voyages  ;  because,  in  the  first  place,  if  he  saw  any  part  of  that  coast, 
the  account  given  by  him  of  the  climate  and  geographical  feature,  of  the 
counuy,  shot,  most  conclusively,  that  it  could  not  have  been  the  coast  m 
question;  and  because,  in   the  second  place,  whatever  land  he  might 
have  discovered,  could  not  have  accrued  L   the  crown  of  England   by 
reason  of  the  piratical  character  of  the  voyage.     Drake  was  a  pirate  ; 
Elizabeth,  while  she  knighted  him,  remunerated  the  subjects  of  the  crown 
of  Spain,  for  the  piracies  hs  had  committed.     From  such  men  s  acts  the 
laws  of  rations  recognize  no  rights  of  nations  to  arise  ;— because,  it  it  be 
sli"  Msisted  that  Drake  ever  saw  this  coast,  and  that  his  discovery  whs 
for  the  benefit  of  the  crown  of  England,  still  it  avails  nothing,  inasmuch 
as  Spain  had  already  dffecovered  and  .xplored  it  several  years  before  ; 
and,  in  the  fourth  place,  because  England  did  not  afterward  occupy  by 
permanent  settlement,  as  required  by  the  laws  in  such  cases  governing. 
The  next  discoveries  we  have  noticed,  were  made  by  Juan  de  I'uca, 

*  Hume's  History  of  England,  vol.  v.  diop.  41. 


AMERICAN   TITLE  TO  OREGON. 


55 


onns. 

he  discovery  of 
•itaiii  in  tliat  re- 
merica  by  land, 
1539  ;  nxplorod 
lifornia,  for  two 
I ;  explored  and 
ir  as  43°  or  44° 
and  took  formal 
42-3  ;  exploreil 
the  same  year  ; 
10  competitor  in 
'  America.  She 
in  Lucas,  north- 
iles  south  of  the 

h  pirate,  entered 
1st,  between  lati- 
(  never  saw  the 
n  the  accounts  ' !' 
)art  of  that  coast, 
al  features  of  the 
been  the  coast  in 
:  land  he  might 
I  of  England,  by 
e  was  a  pirate  ;' 
ects  of  the  crown 
h  men's  acts,  the 
-because,  if  it  be 
lis  discovery  whs 
lothing,  inasmuch 
■al  years  before ; 
rward  occupy  by 
cases  governing. 
)y  Juan  de  Fuca, 


in  1592,  who  explored  iho  northwest  coast  to  latitudes  48°  and  49°  north; 
sailed  up  the  straits  which  bear  his  name,  and  took  possession  of  the  bor- 
dering lands  in  the  name  of  Spain.  This  was  the  extent  of  discoveries 
northward,  up  to  the  year  1700. 

Charles  II.  of  Spain,  died  Nov.  1,  1700,  leaving  no  issue  entitled  to 
succeed  him.  A  war  arose  among  tlio  powers  of  Europe,  as  to  which  oJ 
the  royal  houses,  Spain  and  its  colonies  slmuld  pass.  The  question  was, 
whether  the  crowns  of  Spain,  the  Netherlands,  i^aples,  Sicily,  Milan,  and 
the  vast  possessions  of  Spain  in  America,  should  bo  united  with  Austria, 
already  very  powerful,  or  wilii  France,  which  was  less  formidable. 
The  Austrian  monarcli,  Leopold  I.,  claimed  the  whole  of  these  dominions 
for  his  son  Cliarlcs,  afterward  emperor ;  and  Louis  XIV.  claimed  them 
for  his  second  son,  Philip  of  Anjou,  afterward  Philip  V.  England,  the 
Germf  r>  ..mperor,  and  the  States  General  sid^^d  witli  Leopold ;  while 
Bavaria  and  Coloune  took  part  with  Louis.  This  war  lasted  ten  years, 
and  was  fmallv  terminated  by  the  treaty  of  Utrecht,  in  1713,  wJiich 
gave  the  Spanish  crown  to  Pliilip  of  Anjou,  under  the  title  of  Philip  V. 
""  The  treaty  wliieii  I'^ngland  at  tltis  time  made  with  Philip,  contains  the 
following  important  article. 

VIII.    Liber  sit  Usus  Navigationis  &  Com.Tierciorum  inter  utriusque 
Rcgni  Sui)ditos,  prout  jam  oliiii  erat  tempore  Pacis,  &  ante  nuperrimi 
Beriidenunciationem,rcgnanteCalholicoHispaniarumRegcCaroloSecun- 
do,glorios!P  memoriae.  Secundum  AmicitfP.Confii^derationis.  6i  Commerci- 
orum  Pacta,  qua;  quondam  inita  erant  inter  ut.-am(iuo  Nationcm,  secun- 
dum  Consuctudincs  antiquas,  Literas  PMente.s  Sch(;dulas,  aliaque  Acta 
speciatim  facta  ;  atquo  etiam  secundum  Tractatum,  vel  Tractatus  Com- 
mcrciorum,  qui  Madriti  jam  nunc  confecti,  aut  inox  conficiendi  sunt. 
Cum  vera  inter  alias  condiiionrs  Pacts  GcnrmUs,  pmripiia  quo'dam  & 
FundamentaUs   Rcgula  communi  rmscnsu  stuhilila  sit,  ul  Navigalimiis  &, 
Commerciorum   Usus   cd   Indias   Orcldrnlairs   Hi.n>amd  Juris  rodcm  in 
statu  maneat,  quo  f  nil  tempore  prafaii  lirfris  Catholici   Caroli   Scmndi  ; 
Quo  igitur  Uegulahtuc,  fide  inviolabili,  &  modo  non  temerando  in  pos- 
torum  observetur,  adeoque  prffiveniantur,  amoveanturquo,  omnes  circa 
istoc  negotium  Diflidcntia?,  suspiciorumque  causir,  conventum,  speciatim 
statutunique  est,  quod  sive  Gallis,   seu  Nationi  cuilibetcunque,   quovis 
nomine,  aut  quocunque  sub  pra-textu,  directe  vel  indirecte,  nulla  unquam    , 
licentia,  nullaque  omnino  facultas  dabitur  navigandi,  Mercaturam  exer- 
cendi,  aut  N'grilas,    Bona,  Morcimonia,  vol  lies  quascunque  in  Ditiones 
Americanas  Coroiitc  Hispanicie  parentes  introduccndi,  prseterqam  (luod 
Tractatu,  vel  Tractatibus  Commerciorum  Supiudictis,  &  .luribus  ac  Priv- 
ileges in  Pactionc  quadam  concessis,  vulgo  el  Assiento  de  Negros  nun- 
cupata,  cujus  Articulo  Duodecimo  mentio  facta  est,  concordatum  fuer't. 
Excepto  etiam  quidquid  Rex  Cutholicus  pra-dictus,  vel  Ha;redes,  Successo- 
resve  ejus  Pactoseu  Pactis  quibusvis  de  Introductione  Nigrifarum  in  Indias 
Occidentales  IlispanisG  obtemperantes,  ineundis  spondebunt,  postquam  Pao- 


AMERICAN  TITLE  TO  OREGON. 

•      •        1  A«!pntodcNparossupra(licta,dcterminatafuerit.     Utque  de 

ren  ,  aut  "»  "  ^^ '";  ^"°,^  Diti„„eB  Americana,  llispanio.  obtem,^- 

enabunt.     b  contra  auu  ni,  4"  o „„;»!,  Ma.^ntr  Britann  as  sese 

S  SlrorSoI      '".  tempore  stcterant,  si  quidem  con.pertum 

mortem  oUent. 

TRANSLATION. 

«  VIII    The  ri-^ht  of  navigation  and  connrierce  between  the  countries. 

the  right  or  n»viR...on  and  "«'™  " ^  i^  ™' ,  .ho  Uaeof  hissaid 
Spain,  shall  roniaiu  m  tho  samo  ootiihtion  aa  it  was 
rnthnlic  inaiestv,  Charles  the  Second. 

TroZcnA    herefore,  that  this  rule  may  be  observed  in  good  faUh,  and 

■'""f i'lrStftS'  :°r:rof '  An' «::;;'  .hatevo^^  -i, 

CatSil  ™ies";irUid,  or  hi,  heirsor  .u»ce»o»  may  ptomtse  toper- 


AMERICAN  TITLE  TO  OREGON. 


57 


sons  entering  into  tlie  West  Indies  subject  to  Spain,  under  any  treaty  or 
treaties  whatsoever,  in  relation  to  the  importation  of  slaves  into  the  Span- 
ish  West  Indies  after  the  treaty,  or  '  el  Assiento,'  above  mentioned,  may 
liave  terminated. 

"  And  that  it  may  be  more  thoroughly  and  fully  provided  for,  in  relation 
to  the  navigation  and  commerce  among  the  West  Indies,  as  aforesaid,  it 
is  further  bv  these  presents  covenanted  and  agreed  upon,  tiiat  neither  his 
Catholic  majesty  nor  any  of  his  heirs  or  successors  shall  sell,  cede,  pledgi, 
transfer,  or  in  any  way  or  ui.  ier  any  pretence,  alienate  from  themselves 
and  the  crown  of  Sjiain  any  provinces,  dominions  or  territories  in  Ame- 
rica, belonging  to  Spain  or  any  portion  thereof,  cither  to  the  French,  or  any 
other  nation  wiiats()"ver.  Hut,  on  the  contrary,  in  order  that  the  Amori- 
can  territories  subject  to  Spain  may  bo  reinstated  inviolate,  her  majesty, 
the  Queen  of  Great  Britain,  promises  that  she  will  aid  and  assist  Spain 
to  rci=stablisli  and  confirm  the  ancient  boundaries  of  her  American  pos- 
sessions,  as  they  stood  in  the  time  of  his  said  Catholic  majesty,  King 
Charles  the  Second,  if  indeed,  it  shall  bo  ascertained  that  they  have  in 
any  manner,  or  by  any  means,  been  infringed  upon  or  diminished  since 
the  death  of  his  said  Catholic  majesty,  Charles  the  Second." 

This  article  of  the  "  Treaty  of  Utrecht"  guaranties  to  the  Spanish 
crown  the  ownership  and  sovereignty  of  the  territories  in  America,  and 
the  exclusive  rights  of  commerce  ami  navigation  in  the  Pacific  Ocean, 
which  she  clainied  at  the  death  of  Charles  the  Second,  and  pledges  its 
arms  to  aid  in  restoring  whatever  of  these  rights  may  have  been  taken 
from  her  by  any  power  or  means  whatsoever. 

That  Oregon  was  embraced  in  this  treaty  appears  evident.  For  before 
the  death  ofhis  majesty,  Charles  the  Second,  Spain  had  discovered  and 
taken  possession  of  its  whole  coast,  and  the  int<^rior  country,  to  49° 
north  ;  and  was  known  to  all  civilized  nations  to  claim  it  as  a  portion  of 
her  American  dominions. 

This  treaty  of  Utrecht  was  a  tkansitory  convention,*  inviolabh  id 
operating  in  perpetuity,  for  ever  binding  as  against  the  British  nr.tion. 

Engla'nd,  therefore,  in  the  year  1713,  for  ever  quit-claimed  to  Spain,  and 
warranted  for  ever  to  her  monarch  and  his  successors,  the  northwest 
coast  of  North  America,  as  far  north  as  the  Straits  de  Fuca ;  and  thereby, 
in  virtue  of  the  perpetual  nature  of  the  treaty  thus  entered  into,  placed  it 
beyond  her  power,  ever  after,  except  by  treaty,  to  resume  any  pretensions 
of  title  to  it.  For  to  that  point  had  discoveries  been  made,  and  possession 
taken,  previous  to  the  death  of  Charles  the  Second.  She  also  confirmed 
the  claims  of  Spain  to  the  exclusive  sovereignty,  commerce  and  naviga- 
lion  of  the  great  South  Sea  or  Pacific  Ocean;  and  by  consequence,  the 
sole  ri-rht  to  explore  and  make  discoveries  farther  to  the  northward.  And 
Spain.'^resting  on  these  solemn  treaty  stipulations,  considered  it  unneces- 

•  Vattul,  Trankitory  Convention ;  book  ii.,  chup.  12. 

3* 


I 


Jt  * 


I 


gg  AMERICAN  TITLE  TO  OREGON. 

.,rv  to  make  farther  explorations  in  that  quarter,  till  the  year  1774^.w»;«n 
sarytomaKemrmi..      ,  whJph  rli^oovcred  San  Lorenzo,  (Nootka 

?hc  duo  «"  nonh.  a,„i  surveyed  Lav     l,a,tor,  Co.,  and  UK,k  posse 

r  to  S  hto  couhl  present  anv  opposing  claim  between  these  laUtu.les^ 
?„Vce  at  he 'invention  oi"  llt-rec'.t,  England  and  the  other  power,  of 
Europe  not  only  abandoned,  but  guarantied  these  lands,  and  the  cnt.re 
qnnih  Sea  to  the  crown  of  Spain,  in  perpetuity.  •     .-       „  „. 

wil    be  manifest  to  the  deader,  at  this  stage  of  our  inves Ugation  tlm 
the  tie  of  Spain  to  those  countries  and  seas  was  not  only  exclusive  so  far 
as  c"    usivo'discovery  eould  give  title,  but  ll^at  the  ^--^^-^-^;'Jf^^- 
?and   and  the  other  powers  at  the  convention  of  Utrecht,  ren  e.ed  al       r. 
her  acts,  as  subsequent  aets  of  occupancy,  etc.,  unnecessary  to  perf.-e  that 
U     th  oul  all  after  time.     For,  by  those  guarant.es,  England  and  th 
ler  powders  waived  the  necessity  of  occupancy   ect.,  required  by  th 
?aws  of  laUons  to  perfect  the  inchoate  rights  of  prior  discovery  ;   and 
w^:e:f  r  L  pos^blUty,  on  the  part  of  those  F-;^- «    a.,.nng,  b, 
subsequent   discovery  or  occupancy,  any  rights  m  the  tenitones 

"  Br'ahrtlMime'S         F-nce,  Austria  and  Portugal,  parties  to 
the  c  n  t     n  o  Utredit,  began  to  violate  the  faith  pledged  in  those  trea- 
ts not  on  y  bv  allowing  their  merchant  ships  to  visit  the  northwes  coas 
for  thenurLe  of  trade  with  the  savages,  but  even  by  sending  out  fleets 
etloreT  or  the  fabled  water-passage  from  the  Pacific  to  the  Atlan 
ic      Asthe  e  merchant  vessels  were  not  sent  out  for  the  purpose  of 
making  discoveries,  not  furnished  with  that  auth  .-ity  from  their  respee- 
avtco'velents.  ^hich  the  laws  of  nations  require,  m  order  to  render 
any  di  coTr  OS  ^ade  by  them  available,  in  giving  title  of  sovereign^, 
we  mTv  well  pass  them  in  silence,  as  not  affecting  the  question  under  dis- 
rsLn      But'there  is  this  stronger  reason  for  so  doing:  it  was  imposs,- 
Ur  ven  for  expeditions,  sent  out  whh  full  power.  '^ -ke    .scove.    s    o 
rcdbcover  the  Northwest  American  coast,  from  latitude  22    north  to  60 
;.orrh  so  as  to  give  any  shadow  of  title  to  the  sovereignty  over  it,  a. 


T 


T 


AMERICAN  TITLE  TO  OREGON. 


59 


against  Spain.  But  inasmuch  as  there  is  a  disposition  on  the  part  of  Bri- 
tain  to  forgot  tlic  distinction  which  tiie  laws  of  nations  make  in  this  mat- 
ter, it  may  be  well  to  pause  a  moment  here,  and  inquire  whether  any 
English  freetraders,  from  the  year  1775,  or  even  the  celebrated  Captain 
Cook,  did  actually  make  any  discoveries  between  latitudes  22°  north  and 
00°  north,  on  tlie  Northwest  American  coast. 

Captain  Cook  was  sent  out  in   177G.     Tliis  groat  navigator  was  in- 
structed  to  "  proceed  to  tiie  coast  of  New  Albion,  endeavoring  to  iiiU  in 
ivilh  it  in  the  latitude  of  4.')°,"  where  he  was  to  procure  wooil,  water,  and 
other  supplies,  and  then  proceed  along  the  coast  without  delay,  to  lati- 
tude 65°   north,   where  he  should  commence  his  search  for  "  a  water 
passage,  pointing  toward  Hudson's  or  Baffin's  l]ays."     He  entered  the 
Pacinc  in  tlie  sunnnor  of  1777— saw  Cupc  Blaiieo,  in  latitude  4!}°  north, 
on  the  7th  of  .March,  1779— passed  the  mouth  of  the  Columl)ia  without 
observing  it — on  the  22nd  perceived  the  southern  cape  of  the  Straits  de 
Fuca— passed  those  magnificent  straits  without  observing  tlicm— and  on 
tlie  2i)tli,  ancliored  in  the  harbor  of  San  Lorenzo,  or  Nootka,  in  latitude 
40i°  north.     Here  ho  remained  till  the  2r)th  of  April,  when   ho  stood 
away  to  the  nortliward  to  the  60lh  degree,  and  tii(nu:c  explored  south  as  far 
as  55°.     Tliis  part  of  the  coast  Cook  surveyed  with  groat  care  and  skill. 
But  it  had  loiii,'  before  been  discovered  and  explored  by  the  Spaniards. 
Tills  is  the  suirstanco  and  effect  of  Cook's  voyages  on  th.c  northwest  coast 
of  America,  south  of  latitude  00°  north.     He  only  followed  in  the  path  of 
previous  discoveries  by  the  Spaniards,  and  landed  at  several  points  on  the 
Oregon  coast— at  San  Lorenzo— Nootka,  etc.     The  account  given  in  the 
narrative  of  Cook's  voyages,  of  the  furs  to  be  found   on  the  northwest 
coast,  and  the  extraordinary  prices  given  for  them  in  China,  gave  rise  to 
Hanna's  voyage  in  1785,  Dixon's  and  Portlock's  in  1786,  and  others  from 
the  East  Indie's  in  1787  and  '8S,  and  of  La  Pcrouse  in  1790.     All  those, 
except  La  I'crouse,  were  mere  traders.     They  made  no  discoveries  ;  and 
had  they  done  so,  they  could  have  availed  nothing  as  against  Spain,  south 
of  latitude  60°  north.     The  nations  under  whose  flags  these  vessels  sailed, 
were  parties  to  the  great  transitory  convention  of  Utrecht— unalterable  by 
the  occurrence  of  war  between  the  contracting  parties,  and  tlicy  could  not 
acquire  rights  over  their  own  acts  of  grant  or  quit-claim.     The  operations 
of  Colnctt  and  Mearcs,  unavailable,  as  against  Spain,  for  these  reasons, 
as  well  as  for  the  many  other  sufficient  ones,  are  set  forth  in  our  notice 
of  the  British  claim  to  Oregon.     And  the  conclusion  which  all  the  facts 
derived  from  British  history,  and  the  history  of  other  nations  concerned  in 
this  matter  is,  ihat  previous  to  1790,  the  date  of  the  Escurial  Convention, 
there  were  no  rights  existing  in  any  other  nation  than  Spain,  over  that 
part  of  the  coast  of  northwest  America  lying  between  latitudes  22°  and 

60°  north. 

Tlie  convention  of  the  Escurial  was,  to  the  extent  of  its  terms,  an  ab- 
rogation  of  the  treaty  of  Utrecht.  We  have  shown  on  previous  pages,  to 
what  extent  Spain  surrendered  her  previously  existing  rights ;  that  she 


1 


(BJJU!!" 


-If 


gQ  AMERICAN   TITLK  TO   OREGON. 

vn  to  Fn^hnd  tho  ioirt  risht  of  navigating  tl.o  South  Sca-of  fishing, 
gave  to  bnglana  mo  .11)1. 1  „  .nlomonts  for  tlmt  purpose  on  certain 
trading,  and  maicing  te.nnorary  settlements  tor    ha^  ^  „,„,. 

portions  of  the  Northwest  American  coast.     No  ugl  t  o   ^"^"'^''^    - 

g„„,od,o  ho,  ""■•"    •;'  ,    ff^,;  ",,;'  ,„„  „f  s,,.i„  ,0  her  in„nen=o  po,. 
encasements.     In  liW),  incitioit.,  i.k,  ,   „„  r^,.  „„  r,n°  north 

sessions  along  the  whole  Northwest  American  coast,  as  fa    as  GO    north, 
sessions  ^'ong  ,,.,,„tover  concessions  she  had  made  to  England, 

was  disencumber  d  of  « 1  atover  c  _^^  ^  ^^_^^^.^.^^  ^^  .^ 

rfn  nS  rh?t?:^f  LS  or  Charles  the  Second,  and  as  it  had 

X^r  U^  ^X  i^cuHai  was  annulled  by  t^  war  of  179^ 
and  wa  neve  revive"!!.  And  we  repeat,  that  Spain  by  the  annul.ng  of 
andwasncvci  ,  ^^  j^^  absolute  and  unconditional  sove- 

thc  treaty  of  1790  was  rest^  ea  concerned,)  of  the  whole  of 

rights  to  the  territory  in  question. 

Treaty  of  amity,  settlement,  and  limits,  hctween  the  UnitM  States  and  Spain, 
(214  called  tke  Flori^U  Treaty,)  signed  at  Waski.^t^,  ielmary 
22,1819. 

llr  IX  the  course  of  the  Rio  Roxo  westward,  to  the  degree  of  Ion- 
Se  00  vest  from  London  and  23  from  Washington ;  then  crossing 
r  aid  Re  1  R  ver,  and  running  thence,  by  a  lino  due  north,  to  the  River 
Arkansas  hence  following  the  course  of  tho  southern  bank  of  the  Ar- 
^r::itssou.em..Uude42^-;^^^ 

'::^i  t  iSrs^  ^^s^^  ^-^^^^-  ---^--^  -  ^^^  ^^^ 


\ 


u 


AMERICAN   TITLE  TO  OREGON. 


61 


of  January,  1818.  But,  if  the  source  of  the  Arkansas  River  shall  bo  found 
to  fall  S.  or  south  of  latitude  42,  then  the  line  shall  run  fro.n  the  saul 
ourc    due  south  or  north,  as  the  case  may  be,  till   t  meets  the  sa.d  par- 
allel of  latitude  42,  and  thence,  along  the  said  parallel,  to  the  South  Sc-a 
All  the  islands  in  the  Sabine,  and  the  said  Red  and   Arkansas  Rivers 
fh  oughout  the  course  thus  described,  to  belong  to  the  Un.ted  States  ;  bu 
the  use  .of  the  waters  and,  the  navigation  of  the  Sabme  to  the  sea,  and  of 
the  said  Rivers  Roxo  and  Arkansas,  throughout  the  extent  of  the  sa.d 
boundary,  on  their  respective  banks,  shall  be  common  to  the  respeetcve 
inhabitants  of  both  nations. 

"  The  two  high  contracting  parties  agree  to  cede  and  renounce  all  the.r 
rights,  claims,  and  pretensions  to  the  territories  described  by  the  sad 
line  •  that  is  to  say,  the  United  States  hereby  cede  to  his  Catholic  majesty, 
and  denounce  for  ever  all  their  rights,  claims,  and  pretensions  to  the  terr.- 
lories  lying  west  and  south  of  the  above  descrd)ed  line  ;  and  in  like  man- 
no  l-Ca'tholic  majesty  cedes  to  the  said  United  States  all  his  righs 
claims,  and  pretensions  to  any  territories  east  and  north  o  the  said  line 
and  for  himself,  his  heirs,  and  successors,  renounces  all  claim  to  the  sa.d 
territories  for  ever." 

Here  then,  the  United  States  might  rest  their  right  of  sovereignty  to  the 
whole  Terrritory  of  Oregon,  acquired  by  treaty  of  purchase  the  same 
Textent  as  it  was  in  the  hands  of  Spain,  in  1797  ;  a  sovereignty  which 
EngTand  is  bound,  by  the  laws  of  nations,  to  respect,  as  we  shall  show  m 
the  'sequel,  by  the  most  solemn  treaties  on  her  part. 

i; le  ;ea'    1783,  a  new  power  arose  on  this  Continent,  which  was 
ne  ther  a  party  to  the  treaty  of  Utrecht,  nor  to  that  of  the  Escurial.  That 
"  wer  was  the  United  States  of  North  America.     Bound  by  no  treaties  m 
E  ence  to  maWng  discoveries  upon  the  northwestern  coast,  the  Repub- 
hc  was  at  liberty  to  enlarge  its  territory  in  such  manner  as  to  give  its  fron- 
er  a  form  at  once  capable  of  defence,  anc,  sufficiently  extended  to 
embrace  all  the  territory  that  wo«ld  be  required  -;.»^« ^^-^'^^f  jf 
Tinstitutions  and  the  energies  of  its  people.     According  y,m  1803,  we 
purchased  Louisiana  from  France.     This  vast  valley  extended  from   he 
Tuthof  the  Mississippi  to  the  49th  degree  north;  its  eastern  line  the 
Sssli ;  its  western  extension  was  indefin  ,te.     It  was  represen^d  on 
tt  old  French  maps  to  extend  in  that  direction  beyond  the  Rocky  Moun 
ta'ns  embracing  rivers  running  westward  into  the  Pacific.     In  1763. 
F  ance  an  1  Grelt  Britain  entered  into  the  trea, :y  of  Versailles  ;  by  which, 
fhe  bounda  ies  between  their  several  American  possessions  were  determin- 
ed    By  tMs  treaty,  it  will  be  seen  Great  Britain  reUnquished,  irrevocably,  to 
France  a.\\  her  possessions  west  of  the  Mkdsmirpi. 

Thi  treaty  ot"  Versailles,  was  one  of  mutual  concessions ;  France 
vieldin.  to  Britain  the  Canadas,  and  other  possessions  east  of  the  Mis- 
£lr-  and  receiving  in  return,  a  quit-claim  from  Britain  of  all  lu,r 
righL' west  of  the  same°  river.     Had  France,  at\er  that  treaty,  pushed  her 


1 


g2  AMERICAN  TITLE  TO  OREOON. 

settlements  tl.rough  to  tl.c  Pacific,  could  Britain  have  intorposc.l  ?  And 
if  not  then,  when  has  she  since  acquired  the  right-  to  do  so,  as  against 
Franco  or  her  grantees?     This  was  a  transitory  convention. 

England  had,  prcvio-u.  to  1763,  claimed  that  her  Atlantic  territories 
cxtendexl  across  the  valley  of  the  Mississippi-over  the  Rocky  Mountains 
to  the  Pacific  Ocean.     Indeed  that  old  leaven  of  arrogant  ambition,  so 
long  ago  tried  to  grasp  the  rights  of  France,  arising  out  of  discovering  the 
Mississ^ippi  river,  and  the  occupancy  of  the  valley,  as  it  now  desires  to  do 
those  of  the  Republic,  derived  from  discovery,  purchase,  and  occupancy, 
and  every  other  just  title,  to  Oregon.     France  had  many  reasons,  there- 
fore,  for  obtaining  from  that  unscrupulous  neighbor,  a  guaranty  of  her 
territories  "  west  of  the  Mississippi ;"  and  did  so  in  this  treaty  of  Vor^ 
saiUe.  as  far  as  49°  north.     If,  therefore,  she  owned  any  land  beyond 
the  Mississippi  valley,  she  ceded  it  to  France.     If  she  did  not,  she  ce- 
ded  to  her  the  right  as  against  herself,  of  acquiring  title  to  all  the 
territory  of  America  lying   "west  of  the  Mississippi  nver    and  south 
If  the  forty-ninth   parallel  of  latitude."*     How   -ill   British  sophistry 
maintain  her  claim  to  the  Oregon  as  against  the  grantees  of  France  ? 
To  this  treaty,  the  United  States,  by  the  purchase  of  1803,  have  become 
a  party  ;  and  as  by  the  treaties  of  Utrecht  and  Versailles  England  has 
abandoned  in  the  one  case,  to  Spain,  as  high  as  latitude  |8°  north,  on  the 
•northwestern  coast  of  America,  and  in  the  other    as  high  as  49    on 
the  same  coast;  it  becomes  difficult  to  see,  with  what  pretence  of  right 
.  she  now  comes  forward  to  recover  what  she  has  thus  solemnly,  by  two 
several  treaties,  defeased  to  others.  .       «.e.     i„„j 

It  is  proper  to  remark,  as  we  proceed,  that  the  discoveries  of  England 
on  the  northwest  coast,  after  the  treaty  of  1790,  with  Spain,  and  before 
the  treaty  of  Ghent,  in  1815,  could  not  confer  upon  Great  Britain  any 
rights  of  sovereignty.  For  the  treaty  of  1790  defined,  to  their  fullest  ex 
tent,  the  rights  of  Britain  on  the  western  coast  of  America  and  left  the 
sovereignty  in  Spain,  as  settled  by  the  treaty  of  Utrecht,  in  1713.  The 
Zl  mlJr  remaining  open,  was.  ho^v  far  to  the  north  j^;  Spanish  ch. 
cov'eries  extended  at  the  death  of  Charles  the  Second,  in  1700  This 
Lit.  we  have  shown,  was  in  latitude  48°  north  Before  England  there- 
fo"e,  can  claim  any  sovereignty  south  of  this  limit,  she  mus  first  obtam 
an  express  grant  of  the  same,  from  Spain,  or  her  grantees.  Is  there  any 
such  grant  in  the  treaty  of  1790  ?     Nothing  like  it.  ,  , ,   ^  _^ 

It  should,  in  this  connection,  be  remarked,  that  while  we  hold  that  the 
treaty  of  1790,  was  annulled  by  the  war  of  1796,  the  same  cannot  be  said 
of  the  treaties  of  1713,  and  of  1763.     These  latter  compacts  were  binding 
uDon'the  high  contracting  parties  thereto,  and  their  successors— and  ac- 
cording to  Vattel,  remain  in  force  for  ever.     They  were  transitory  con 
I      vcntioits.     So  that,  if  the  treaty  of  the  Escurial  did  not  expire  in  1796, 
i      but  comes  in  to  deprive  us-and  we  deny  even  this--f  any  of  our 
\      rights  purchased  from  Spain,  certainly  by  the  treaty  of  Versailles,  we,  as 

♦  See  Story  Com.,  Vol.  i,  p.  17. 


AMERICAN  TITLE  TO  ORKOON. 


63 


purcliasors  of  Louisiana,  have  an  unconditional  ^rant  '"'"oni  Enjrland  her- 
self,  to  that  part  of  tii(>  Territory  of  Oregon  lying  south  of  49°  north,  and 
an  unqucstional.il'  right  to  tlin  remaindor  lying  north,  by  the  law  of  con- 
tiiruity,  and  the  discoveries  of  Spain,  subsequent  to  the  J-^th  of  Charles 
the  Second.  Again,  although  England,.by  virtue  of  the  treaties  of  1713 
and  of  I7fi:3,  was  precluded  from  gaming  any  riglits  of  sovereignty  from 
discovery  or  occupancy,  the  United  States  have  labored  under  no  such 
disabilities. 

Accordingly,  the  discovery  of  Washington  Island  in  1789,  by  Gray  ; 
thoColumbra  River,  in  179"'2 ;  of  Bulfinch'a  Harbor;  the  purchase  of 
nearly  the  whole  of  the  island  on  which  Nootka  is  situated,  in  1792,  of 
Maquillu  and  other  chiefs  ;  the  explorations  an.,  occupations  of  Lewis  and 
Clark,  in  IBOrMJ ;  of  Henry  and  others,  1808;  and  of  Astor,  in  1811  ; 
all  stand  out  for  their  own  value,  under  the  laws  of  nations,  as  conferring 
title  to  the  sovereignty  of  Oregon.  They  are  certainly  available  to  us 
against  Britain,  who,  as  has  been  abundantly  shown,  was  not  only  barred 
by  her  own  treaties  from  acquiring  title  by  discovery  or  occupancy,  but 
also,  in  fact,  never  did  anything  more  than  survey  what  Spain  and  the 
United  States  had  previously  discovered  and  occupied  on  that  coast. 

In  conclusion  we  remark— Britain  did  not.  discover  Oregon.     It  was 
fully  discovered  by  Spain  before  a  Briton  ever  .saw  its  coast.  She  has,  in- 
deed,  since  the  date  at  which  the  Spaniards  explored  to  latitude  00°  north, 
surveyed  its  rivers  and  inlets ;  but  the  surveying  another's  possessions 
confers  no  title  to  them.     Britain  and  Europe,  in  1713,  conceded  its  sove- 
reignfy  to  Spain ;  since  that  time,  Meares,  and  other  Britons,  have  at- 
tenipted  to  occupy  those  dominions  of  a  neighbor,  but  have  not  succeeded 
in  thus  pirating  any  title  to  the  country.     She,  indeed,  built  a  trading- 
post  on  the  head-waters  of  Frazer's  River  ;  but  it  was  after  the  United 
States  had  occupied  the  valley  of  the  Columbia,  by  Lewis  and  Clark. 
She,  indeed,  built  trading-posts  on  the  head-waters  of  the  north  branch  of 
the  Columbia  River  ;  but  it  was  after  the  Columbia  had  been  occupied  by 
licwis  and  Clark.     She -has,  indeed,  had  possession  of  Astoria  and  other 
Aiiurican  posts,  for  many  years  ;  but  that  occupancy  is  rendered  nuga- 
tory, as  against  the  American  title,  by  the  fact  that  she  came  into  that 
poss'ossion°by  an  act  of  war,  and  annulled  it,  as  conferring  title,  by  the 
tiuncnder  of  the  country  at  the  restoration  of  peace ;  and  since  that  event, 
express  treaty  stipulations  prevent  the  occupancy  of  her  subjects  from 
affecting  the  claims  of  the  United  States ;  who,  on  the  other  hand,  hold  the 
Spanish  title  of  discovery,  occupancy  and  contiguity,  all   which  were 
.ruunintied  to  the  crown  of  Spain,  by  Britain,  France,  and  the  rest  of  Eu- 
rope, a  hundred  and  forty  years  ago.    We  have  our  own  title  of  discovery, 
purchase   from  the  Ind'ians,  and  occupancy.     And  furllier,  we  assert, 
ihiit  our  title  is  supported  by  that  law  of  nations  which  strengthens  a  title 
derived  from  discovery,  etc.,  by  the  consideration  of  contiguity,  its  pQsition, 
and  natural  dependence  for  commercial  and  civil  affairs,  upon  the  several 
claimants.     Oregon  is  more  naturally  dependent  in  these  respects,  on 


I 


.«»PSW(  ■,i«!WF^'*-*c«*« 


i 


01  AMERICAN   TITLb  TO  OREGON. 

California  ami  Mexico,  tl.an  upon  ti.e  Cana.las,  an.l  the  frozon  rcRions  of 
Br  isl  America.  We  have  purchuHed  fron.  Spain  tins  n.l.t  ol  confgu.ty . 
T  eroforc,  for  all  the  reasons  ever  aH«igned  hy  Br.tan.  .n  h»c1.  cases-- 
by  the  laws  and  custonis  of  nations,  and  by  grant  from  Hntan.  herself, 

^'Tiraulhorof  theso  pages  desires  to  put  a  sfin?lo  question  to  his  coun- 
trvmen.  He  woul.l  do  it  with  the  .locpest  feeling  which  love  of  coun  ry 
•an  inspire.  He  woul.l  urge  its  consideration  home,  upon  that  mighty 
impulse  of  the  American  n.ind,  whicl>  ha.l  the  intelligence  to  perce.v^  Us 
Sts,  and  the  courage  to  defend  then,  in  the  struggles  of  the  Revolul.on 
Americans'   Wu.l  v„u  basely  surkenuf.r  the  uights  and  honor  in 

VOUK  COCNTRV  ;  WM...  VOU  YIELD  THEM,  AND  YOUR  OWN  HONOR,  TO  ".K  .NSO- 

.KNT  PRETENSIONS  OF  (Ireat  Bh.ta.n  1     I  helicvc  the  rcspousc  fron,  e  ery 
hamlet  in  ti.e  lan.I,  will  be  an  indignant  negut.ve.     bhall  we  not  lu^ar 
everywhere  uttered,  in  the  firmest  tones :  »  We  demand  what  s  ch  a.l> 
rLl    ;  we  submit  to  nothing  that  is  wrong."     The  value  of  Oregon    to 
us  is  inestimable.     In  an  agricultural  sense,  that  Territory  would  bo 
worth  little.     But,  when  we  remember  that  the  genius  of  our  government 
Tbids  us  to  establish  colonies  on  the  islands  of  the  Pacific  ;  Jhat  we  can 
never  own  a  harboi  on  that  sea,  unless  we  retain  Oregon  ;  that  theic  is 
the  finest  group  of  harbors  in  the  world  on  the  northern  portion  of  Ore 
gon;    hat  there  are  none  southof  latitude  47°  north  ;  that  Britain  c  aims 
fhatthe  Columbia  River  shall  be  the  line  between  her  and  us;  that  by 
yie  dingto  her  demands,  we  shall  not  have  a  bay  on  that  great  Ocean  iii 
which  a  common  merchant  vessel  can  find  shelter  from  a  storm  ;  that  the 
Tatn  which  shall  own  the  ports  in  the  north  part  of  the  territory    w. 
control  the  whole  maritime  and  commercial  interest  of  the  North  la 
dfic     that  the  distance  between  the  navigable  waters  o    the   Missouri 
Rive     and  the  splendid  harbor  of  Puget's  Sound,  in  latitude  47=  north,  is 
only^boutthree'hundred  miles;  that  a  ra.l-road,  six  hundred  miles  in 
length,  costing  less  than  the  Erie  Canal,  will  bring  ilie  commerce  of  the 
ndie     nto  the  heart  of  the  Republic  ;-we  may. well  ask  ourselves,  if  we 
In   yield  this  most  important  of  all  our  national  wealth,  to  the  unscru- 
pulous  and  baseless  claims  of  Britain  ?     Shall  it  be  done  ?     It  will  not, 
until  we  cease  to  be  Americans. 


I 


THB  END. 


APPENDIX, 


The  following  lloport  of  a  Committee  of  ConfircRS  in  1843,  is  thought 
very  valuable  as  illustrating  the  title  of  the  United  States  to  Oregon 
Territory. 

REPORT. 

The  Commilli-e  on  MiHinry  Ajfairi^,  tu  which  urns  referral  so  mw.h  of  the  Presi- 
ikrC's  7nesMt'rr.  as  n'lale*  to  Ihf  eMalilishwn/  of  a  chain  of  mdtlary  jiosts  frum 
Council  luiij'^  to  Ike  Piicific  Ucian,  siibmiln  the  following  report : 
The  Sorrctary  of  War,  in  his  ri'iiort  arcompanyingtlie  President's  message,  speak- 
iiiK  of  tiie  "  iL'iritory  which  extends  from  llie  I-akes  to  the  Gulf  of  Mexico,"  lias 
the  foilowinff  remark  :  "  It  is  in  immediate  contact  with  numerous  wild  and  warlike 
Indians  who  aiv  capable  of  brinRiiij,'  into  tlie  field  a  number  of  warriors  csliinated 
•it  from  twenty  to  thirty  thousanil.     From  the  intercourse  which  subsists  between 
them  and  the  traders,  and  cmio.'arLes  of  foreiRn  nations,  they  may  Ik;  rendered  as  for- 
uiidalile  as  any  description  of  force  that  coubl  be  hroupiit  against  us.     To  secure  a 
iiioper  influence  over  them  in  jicacc,  and  to  counteract  and  control  their  dispositions 
in  war  -to  secure  our  own  territory,  and  to  protect  our  traders,  it  is  indispensjiblc  that 
a  chain  of  posts  should  be  established,  extending  from  the  Council  Bluffs  to  the  mouth 
i.f  the  Columbia,  so  as  to  command  the  avenues  by  which  the  Indians  pass  from  the 
north  to  the  south,  and  at  the  same  time  to  maintain  a  communication  with  the  tern- 
tories  belonging  to  us  on  the  Pacilic."     Fn  allusion  to  the  same  subject,  the  rresident, 
in  his  message,  says:  "  I  recommjend  particularly  to  your  consideration,  that  portion 
of  the  Secretary's  report  which  proposes  the  establishment  of  a  chain  of  military 
posts  from  Council  Hlufls  to  some  point  on  the  Pacific  Oceari  within  our  limits     The 
benefit  thereby  destined  to- accrue  to  our  citizens  engaged  in  the  fur  trade  over  chat 
wilderness  region,  addod  to  the  importance  of  cultivating  friendly  relations  with  sav- 
age tribes  inhabiting  it,  and  at  the  same  time  of  giving  protection  to  our  frontier  set- 
tlements, and  of  establishing  the  means  of  safe  intercourse  between  the  American 
settlements  at  the  mouth  of  the  Columbia  River  and  those  on  this  side  of  the  Uocky 
Mountains,  would  seem  to  suggest  the  imjiortance  of  carrying  into  eflect  the  recom- 
mendations uiion  this  head,  with  as  little  delay  as  may  bo  practicable." 

Thus  invoked  by  these  high  authorities,  whose  especial  and  responsible  duty  it  ib 
careluliy  to  have  weighed  ail  the  circumstances  which  may  justify  this  recommenda- 
tion and  all  the  consequences  to  which  it  may  lead,  the  Committee  on  Military  Af- 
fairs has  given  to  this  subject  the  anxious  consideration  its  importance  demands. 

Mr.  Monroe,  in  his  last  annual  message,  referring  to  this  subject,  uses  the  follow- 
in"'  InTiicUiiGrG  I 

"••  In  looking  to  tlie  interests  which  the  United  States  have  on  the  Pacific  ocean, 
and  on  the;  western  coast  of  this  Continent,  the  propriety  of  establishing  a  militairy 
post  at  the  mouth  of  the  Columbia  river,  or  at. some  other  point  In  that  quarter,  withm 
our  acknowledged  limits,  is  submitted  to  the  consideration  of  Congress.  Our  com- 
merce and  fishing  on  that  sea  and  along  the  coast  have  mi 'h  increased  and  are  in- 
creasing. It  is  thought  that  a  military  post  to  which  our  ships  of  war  might  resort, 
would  afford  protection  to  every  interest,  and  have  a  tendency  to  conciliate  the  tribes 
of  the  Northwest,  with  whom  our  trade  is  extensive.    - ;  is  thought,  also,  that,  by 


-     'SSiJ." 


w.- -■■.««■'■  #*:^"i 


6n 


APPENDIX. 


the  edUiblishment  of  such  a  post,  the  intercourse  lietween  our  WcBtom  Slates  ami 
Territories,  ami  tlic  I'liciflc,  ami  our  trade  with  the  triheH  re»i<linK  in  the  interior,  on 
each  side  of  the  Kirky  Mountains,  would  lie  essentially  promoted.  To  carry  thii* 
object  into  ctfect,  the  appropriation  of  an  ade<iuate  sum  to  authorize  the  employment 
of  a  fri);ati',  with  an  othcer  of  the  corps  of  enj^ineiMH,  to  explore  tho  mouth  of  the 
Columbia  Kivur  and  the  coa.-«t  contiguous  thereto,  to  enable  the  K.vecutive  to  make 
Buch  establishment  at  the  nuwt  suitable  [Miint,  is  recommended  to  Congress  " 

Mr.  Adams,  in  liis  lirHt  message,  in  1826,  referring  to  this  recommendation  of  Mr. 
MonriHs  says: 

"  The  interior  of  our  own  territories  has  yet  been  very  imperfectly  explored.  Our 
coasts,  along  many  degrees  of  latitude  upon  the  shores  of  the  I'iiciiic  Ocean,  though 
much  freiiuented  by  our  spirited  comnuH'cial  navigators,  have  l)eon  rarely  vi.sitcd  by 
our  public  ships.  The  river  of  the  west,  first  fully  discovered  and  navigated  by  a 
countryman  of  our  own,  still  bears  the  name  of  the  ship  in  which  he  ascitiided  it.s 
waters,  and  claims  the  protection  of  our  armed  national  (lag  at  its  mouth.  With  the 
establishment  of  a  military  post  there,  or  at  some  other  point  of  the  coast,  recom- 
mended by  my  predecessor,  and  already  matured  in  the  deliberalion.s  of  the  lost 
Congress,  I  would  suggest  the  cxiiediency  of  connecting  the  equipment  of  a  public 
■hip  for  the  cxi)loration  of  the  whole  Northwest  coast  of  this  Continent." 

The  attention  of  the  committee  hiis  been  in  the  lii'st  ])lace  directed  tu  the  title  of  ihe 
United  States  to  the  territory  claimed  by  them  on  the  Pacific  Ocean,  and  wiiicli  is 
contested  by  Great  Uritaiu. 

Russia,  Ureat  Britain,  the  United  States,  and  Mexico,  and  in  the  order  in  which 
they  are  here  named,  from  north  to  south,  claim  the  posttession  of  the  whole  west- 
ern coast  of  North  America.  By  tlie  Florida  tmaty,  concluded  between  the  King  of 
Spain  and  the  United  States  on  tne  22nd  of  February,  1819,  the  forty-second  degree 
of  north  latitude,  from  the  source  of  the  river  Arkan.sas  to  the  South  Sea,  is  estab- 
lished as  the  boundary  between  the  two  countries  in  that  quarter ;  and  his  Catholic 
majesty  ceded  to  the  United  Slates  all  his  rights,  claims,  and  pretensions,  to  any  ter- 
ritory north  of  said  line ;  and  for  himself,  hi.s  heirs  and  successors,  renounced  all 
claim  to  the  said  territories  for  ever.  At  the  time  of  the  ratification  of  this  treaty, 
Mexico  constituted  a  part  of  the  Spanish  monarchy,  and,  as  such,  was  bound  by  it.« 
stipulations.  Mexico,  having  ci  .olished  her  inde]>endencc  of  the  Crown  of  Spain, 
to  remove  all  doubts  upon  this  subject,  made  a  treaty  of  limits  with  the  United  States 
on  the  12th  January,  1828,  by  which  the  said  forty-second  degree  of  north  latitude 
designated  by  the  ( lorida  treaty  was  reco^jnized  and  confirmed  as  the  boundary  line 
between  "  the  respective  bordering  terriiones  of  the  United  Slaters  of  North  America 
and  of  the  Unitcil  Mexican  States."  By  these  two  treaties  with  Spain  and  Mexico, 
the  southern  boundary  of  the  United  States  is  permanently  established,  and  there  is 
no  difficulty  or  dispute  in  that  quarter. 

By  the  third  article  of  the  convention  between  the  United  Stales  and  Russia,  signed 
at  St.  Petersburg  in  April,  1824,  it  is  "  agreed,  that  hereafter  there  sliall  not  be  formed 
by  the  citizens  of  Ihc  United  States,  or  under  the  authority  of  said  States,  any  estab- 
lishment upon  the  northwest  coast  of  America,  nor  any  of  the  islands  adjacent,  to 
the  nortli  of  fifty-four  degrees  forty  minutes  of  north  latitude ;  and  that,  in  the 
same  manner,  there  shall  oe  none  formed  by  Russian  subjects,  or  under  the  authority 
of  Russia,  south  of  the  same  parallel.  In  the  convention  between  Great  Britain  and 
Russia,  signed  at  St.  Petersburg  in  February,  1825,  the  intersection  of  the  same  i)aral- 
lel  of  fifty-four  degrees  forty  minutes  of  north  latitude,  and  the  southernmost  point  of 
Prince  of  Wales's  Island,  is  established  as  the  commencement  of  the  line  of  demar- 
cation lietween  their  possessions  "  upon  the  coast  of  the  Continent  and  the  islands  of 
America  to  the  northwest." 

By  thcs'j  several  treaties  with  Spain,  Mexico,  and  Russia,  the  United  Slates  have 
limited  their  claim  on  the  Pacific  Ocean  to  twelve  degrees  and  forty  minutes  of  lati- 
tude; that  is,  to  the  space  intervening  between  forty-two  aii.l  forty-four  degrees  and 
forty  minutes  of  north  latitude.  Great  Britain  assert.^  her  title  to  the  whole,  or  :t 
large  part  of  this  territory.  This  title  the  committee  propose  very  briefly  to  examine, 
fully  convinced  that  it  cannot  be  sustained. 
J    By  the  second  article  of  the  convention  of  the  20th  day  of  October,  1818,  between 


'1 


I 


APPKNDIX. 


07 


Great  Bri.ain  an,l  .he  lln,..!  ^tate.  .t  .  |^r....^.«i  ^^^^  1|^^  Z^^^;. 

„.d..  shall  I...  the  m.  of  7^7',*";^,','";  ,  ;'^  J  [uL.i^n..  lu  is. »  .u.-l 
weHtem  point  ol  the,  >-''*'=-"'-'*',''-*y'r*/  .  ";,,  ^,  ,„i^  Has  Hame  .JOtl.  parallel 
mii,  the  Uni.e.l  States  i.rnposc,  '"  ';;,^  ,  ;'':  "/i  ;|"'"\^^  H,,  H.Kky  M-mnla.n. 
of  latitu.le  as  the  Ime  hetween  their  '' ^f '  ;^,  /  \'\„  ",  '  ,  ,,i^J\  f,,  aae,le. 
west  to  the  facific  Ocean.  /  ;'  Z''^,,  ;^'C ,  'i  Mwe/tl  territories  of  Great  Hrl- 
ami  in  their  t'';\I'^V)''Tl  Sn  .    w  sS  t^ h^  '"'='''"•' 

tain  and  ^^'^>-"f,^^±':^'T^:^:t    In^.    4!.n   parallel,  to  the.  nearest 


tain  and  tho,se  of  the  ifnite.l  St^Ue    w    t  ''"'-;,   =       o  t^  nearest  heiul 

drawn  from  those  n>''.''''''''7.:^''"'^"'"'l"''^"«     ^aie      Cceam  to  its  terrnii.atu). 
waters  of  the  Columbia,  ami  thence  down  the  ' ' ' '''^    '  " V^^^^^^^  „(  ,,„|^  1,,.,.,  ;„wl 

in  the  I'acilk-tlie  Unlish  I^'^'-'"'?,  '"V"  "  ,"'^''i  '^  !  ^i U  States  rejccte.l. 
tlH.  Amerieans  that  on  the  o  her  side        r  '■;'"'  J  "  j,.^  f„r,y^unth  decree  of 

(m  the  ground  that  it  «ave  Great  H  tain  ten  .)  y  s'lun  01  >      ,     ^^,„„i,..j,. 

latiiudcC  The  negotiation  .''^'7«.  '  '"^^  £';/  ^.SJ  o  rnm^^  dul  nut  hold 
minister,  was  directed  to  give  notice  that  t  u  ™'^^^;j  ,  -^  ,,,„i  .^^i,.  ,0,.  a  line 
itBelf  bound  hereafter,  m  '^'•"''^n''*-"':';, "'  ^y  '  ^n    bey  ml  the  H,^ky  Mountains. 

loi  »  more  f..ll  a,«l  »«.»;  .,.«  ol  .1. 1"  ■Jo  ■"i'J7.,T  "toi ,  ».l  '«  inlir..*g 

ss  ;Us:^s.X  »rr£s»r;::^^^^^  a,.*. »,  .h,,  ho„ 

thus  awiuired ;  and,  first, 

OF  THE  FRENCH  TITLE. 

The  treaty  of  iHrecht  was  concluded  [^^^^I^-^^TX^^^^^ 
between  (^re^  Rii.ain  -^J-^^'^^I^^^?^  ^Se"  a    ertainlng^  the  French, 
the  limi'  A  beuveen  the  Hudson  «  "^^^  ""V"   ^     j„    ^^^^^c  manner,  the  bounda- 
The  sam  ■    '  "     ssioners  were  also  authoriziMi  10  «l  "-    '  Commissioners 

nerbXeeu  .he  other  British  and  F^-ch  ;o'o".e     a    ho      parts^  ^^Co.^  ^^  ^^^_^^^^^_ 

were  acco^li^^ly  appointed  by  the  7"  i^^j'^^^he  terms  of  tSe  treaty,  although 
tl.cy  actually  established  the  boundaries  ^'^^"^'''"K  j"  ,",'^^t  the  boundaries  were  thu.s 
no  formal  v'cor.l  of  the  fact  now  exists.   ,,^^^,^,'';  'T^^^^  for  that  express 

established  is,  first,  the  fact  ol  the  ^Pl'"'"  '"  '  ^ul  uace^  different  maps  pub- 

purpose;  and  that  two  J'«''"'=^ ''"^^^e  o  be  the  S  between  the  Hu.Uon's  Hay 
lished  in  the  hist  century.  ^f.M'^P^"^  t^J^^^^^^^^  „„  ,he  south,  fixed  by  commis- 

::s;is^ri!srSet^K^ 

mmmSyMsmm 

183fr-'40,  vol.  4.,  No.  174. 


I 

! 


68 


APPENDIX. 


River,  and,  in  some  maps,  still  further  west.  This  line  is  generally  considered  in 
the  United  States,  and  has  been  assumed  by  their  government,  as  the  true  boundary 
settled  by  tht  commissioners  agreeably  to  the  treaty  above  mentioned."  Thus  we 
find  Messrs.  Monroe  and  Pinckney,  at  Madrid,  in  1805,  writing  to  the  Spanish 
minister  as  follows :  "  In  conformity  with  the  tenth  aiticle  of  the  first-mentioned 
treaty,  (treaty  of  Utrecht,)  the  boundary  between  Canada  and  Louisiana  on  the  one 
side,  and  the  Hudson's  Biiy  and  Northwestern  Companies  on  the  other,  was  es- 
tablished by  commissioners,  by  a  line  -to commence  at  a  cape  or  promontory  on  the 
ocean  in  58  degrees  31  minutes  north  latitude;  to  run  thence  southwestwardly  to 
latitude  49  degrees  north  from  the  equator,  and  along  that  line  indefinitely  westward." 
These  extracts  are  taken  from  the  Alemoir  of  Mr.  Grienhow,  who,  ;t  is  jiroper  to 
add,  considers  the  opinion  that  these  boundary  lines  were  actually  established  'y 
the  c^n^missioners  "at  variance  will)  the  most  accreilitwl  authorities."  In  this 
opinion  the  committee  does  not  concur ;  so  far  from  doing  so,  it  is  thought  the 
prt,  "imption  that  the  49th  parallel  was  adopted  by  the  comniiasioners  under  the 
treaty  of  Utrecht,  is  sirengthened  '^v  .',u^  line  of  demarcation  subsequently  agreed  on 
by  the  treaty  of  Versailles,  in  176. >,  betv-'een  France  and  Great  Britain,  and  also  by 
the  treaty  of  peace  of  1783,  between  the  United  States  and  (ireat  Britain.  By  tiie 
former,  the  "confines  between  the  British  and  French  ju.'^iscssions  were  irrevocably 
fixed  by  a  line  drawn  along  the  middle  of  the  MiasLssipi,  from  its  source  to  the  Ibber- 
villc,"  etc.  By  the  latter,  that  part  of  the  northern  boundary  of  the  United  States 
which  is  applicable  to  the  subject  is  described  to  be  through  the  Lakc-of-the- Woods, 
"  to  the  most  ncrthwestern  point  thereof,  and  from  thence  on  a  due  west  course 
to  the  Mississippi  river."  The  most  northwestern  point  of  the  Lake-of-the-Woods 
is  perhaps  a  few  minutes  north  of  the  49th  jiarallel  of  latitude.  By  the  convention 
of  1818,  between  the  United  Slrlcs  and  Great  Britain,  in  the  second  article,  it  is 
agreed  that  a  line  drawn  from  the  niost  northwestern  point  of  the  Lake-of-the- Woods, 
along  the  49th  parallel  of  north  latitude,  or  if  the  said  point  shall  not  lie  in  the  49th 
paral'el  of  north  latitude,  then  that  a  line  drawn  from  the  said  point  due  north  or 
south,  as  the  rase  may  be,  until  the  said  line  shall  intereect  the  said  parallel  of  north 
latitude,  and  from  the  poi.it  of  such  intersection,  due  west,  alon.q-  and  with  said  par- 
allel, shall  be  the  line  of  demarcation  between  the  territories  of  the  United  States  and 
those  of  his  ^^ritaanic  majesl}';  and  that  the  said  line  shall  form  the  northern  boun- 
dary of  the  said  territories  of  the  United  States,  and  the  southern  boundary  of  the 
territory  of  his  Britannic  majesty,  from  the  Lake-of-the- Woods  to  the  Stony  Moun- 
tains." 

This  line,  it  will  be  observed,  is  a  deviation  from  the  boundary  established  by  the 
1  caty  of  1783;  for  that  wa.i  to  extend  due  west  from  the  northwestern  point  of  the 
Lake-of-the- Woods,  withoiif  any  reference  to  its  Intitv  Ic.  By  this,  we  are,  in  tlie 
contingency  named,  to  run  by  the  shortest  line  from  the  specified  point  on  the  Lake- 
of-the-  vVobds  to  the  forty-ninth  parallel  of  latitude.  Whence,  it  may  be  asked,  the 
solicitude  to  adopt  this  particular  parallel,  except  as  it  corresponded  with  preiixisling 
irrangements,  which  could  have  been  made  under  the  provisions  of  the  treaty  ot 
Utrecht  alee  ?  for  under  no  other  had  any  reference  at  that  time  been  made  to  the 
saiu  forty-ninth  degree. 

This  coincidence  between  the  boundaries  established  by  Great  Britain  and  France 
in  1763,  and  between  Great  Britain  and  the  United  States  in  1783  and  in  1818,  can 
scarcely  b<i  accounted  for  on  any  other  supposition,  than  that  the  said  line  had  been 
previously  established  by  the  commissioners  under  the  treaty  of  Utrecht.  This  con- 
clusion is  strengthened  by  a  further  coincidence  in  the  boundaries  fi.xed  in  the  said 
treaties  of  1763  and  1783.  In  both,  the  Mississippi  is  adojited  as  the  boundary. 
One  of  the  line.'  then  (the  Mississippi)  previously  established  between  Great  Britain 
and  France  being  thus,  beyond  all  cavil,  adopted  between  the  United  Slates  and  (iicat 
Britain,  may  it  not  be  fnirly  inferred,  in  the  abrence  of  all  proof  to  the  contrary,  and 
with  ."Strong  CDrroborating;  proof  ip  favor  of  the  inference,  drawn  from  the  .stipulations 
of  treaties,  lines  of  demarcation  on  old  maps,  etc.,  that  the  other  line,  (forty-ninth 
parallel,)  equally  beyond  cavil  established  by  the  United  States  and  Great  Britain, 
was  also  the  same  one  previously  existing  between  Great  Britain  and  Frpnce .'  but 
such  line  had  no  existence,  unless  under  the  stipulations  of  the  treaty  of  Utrecht. 


T 


APPRNDIX. 


09 


msidered  in 
e  boundary 
Thus  we 
he  Spanish 
it-mentioned 
I  on  the  one 
her,  was  es- 
itory  on  the 
estvvardly  to 
r  westward." 
is  proper  to 
tablished  'y 
J."     In  this 
thought  the 
rs  under  the 
ly  agreed  on 
and  also  by 
ain.     By  tlie 
3  irrevocably 
:  to  the  Ibber- 
Llnitcd  Suites 
I'-the- Woods, 
west  course 
sf-the-Woods 
le  convention 
1  article,  it  is 
)f-the-Woods, 
je  in  the  49ih 
due  north  or 
rallel  ot  north 
with  said  par- 
ited  States  and 
lorthern  bouii- 
lundary  of  the 
Stony  Moun- 

iblished  by  the 
•n  point  of  the 
we  arc,  in  tlie 
t  on  the  Laki'- 
r  be  asked,  the 
ith  preoxistinu 
[  the  treaty  ot 
m  made  to  the 

ain  and  France 
id  in  1818,  can 
I  line  had  been 
;ht.  This  con- 
xed  in  the  said 
the  boundary, 
n  Great  Britain 
States  and  (ircat 
le  contrary,  and 
the  stipulations 
rie,  (forty-ninth 
il  Great  Britain, 
ind  Frpnce  ?  but 
iaty  of  Utrecht 


For  these  reasons,  the  committee  has  adopted  the  opinion,  that  the  forty-ninth  par- 
allel  of  laiitnde  was  actually  established  by  the  commissioners  under  that  treaty. 
It  may  not  be  unimpoitant  here  to  observe,  that  this  forty-nintli  parallel  is  not  a 
random  line,  arbitrarily  selected,  but  the  one  to  which  Fiance  was  enlit led  upon 
the  well-settled  principle  that  the  first  discoverer  of  a  nveris  entitled,  by  virtue 
of  that  discovery,  to  all  the  unoccupied  territory  watered  by  that  nvcr  and  its  tnbu- 

tnrics 

We  have  seen  that,  by  the  treaty  of  1763,  the  Mississippi,  from  its  source,  was 
adonted  as  the  line  of  demarcation  between  the  British  and  French  possessions. 
Louisiana  then  extended  north  as  far  as  that  river  reached  ;  in  other  words,  it  stretched 
alonirthe  whole  course  of  the  Mississippi,  from  its  source,  in  about  latitude  torty 
nine  to  its  mouth,  in  the  Gulf  of  Mexico,  in  latitude  twenty-nme.     By  the  stipuhi 
tions  then,  of  this  treaty  alone,  without  calling  in  the  aid  of  the  previous  treaty  ot 
Utrecht,  the  northern  bonn.lary  of  Louisiana  is  clearly  recognized  as  a  line  drawn 
due  west  from  the  source  of  the  Mississip])! :  we  say  due  west,  because  the  east  line 
alone  of  the  boundaries  of  Louisiana  being  specifically  and  in  express  terms  e.stab-. 
li-ilu-d  by  the  treaty,  her  siul'iice  can  only  be  ascertained  by  the  extension  of  that 
wlKde  line  in  the  direction  in  which  her  territory  is  admitted  to  lie.     This  simple  and 
only  practicable  process  of  giving  to  Louisiana  any  territory  under  the  treaty,  li.xes 
as  the  whole  of  her  northern  bo\indary  a  line  running  due  west  from  the  source  ot 
tile  Mississi])))!,  which  may,  for  the  purpose  of  this  argument,  be  fairly  assumed  as 
the  fortv-ninih  parallel,  without  injustice  to  any  party.       .         .   ,  •         .     . 

-  1  laviii"  thus  ascertained  the  northern  boundary  of  Louisiana,  it  becomes  important 
to  inquire  what  were  its  western  limits,  as  between  Great  Britain  and  France:  we 
say  between  Great  Britain  and  France,  because  here  another  competitor  ajipeared, 
(we  speak  of  niili,)  in  the  jier-son  of  the  King  of  Spain,  upon  whose  title  we  .shall 
insist,  if  we  fail  to  establish  that  of  France.  ,,.,.,•  ,, 

The  treaty  of  17'!:!  ])rolessiiig  to  establish,  and  actually  establishing  lines  ol  de- 
marcation between  the  contiguous  teiritories  of  the  contracting  parties,  it  cannot  be 
denied,  except  upon  strong  proof,  that  all  the  boundaries  about  which  any  di.spute 
then  evi.sted,  or  subsequent  ilisputes  could  be  anticipated,  (that  is,  where  their  res- 
pective  territories  touched  each  other,)  were  then  delinitely  adju.sted  and  settled. 
The.se  territories  are  known  to  have  touched  on  the  north  and  on  the  "ast ;  and  ac- 
cordin'-ly  in  those  iiunrters  we  iind  the  lines  clearly  described.  Is  it  not  evident, 
that  had  they  touchcil  in  other  points,  had  there  been  other  quarters  where  questions 
of  conflicting  claims  might  have  arisen,  the  lines  in  tho.-c  quarters  also  would  liave 
been  fixed  with  equal  precision  ?  But  to  the  south  and  west  there  is  no  allusion  in 
the  treaty  an  omission  conclusive  of  the  fact  that  in  those  directions  Great  Britain 
had  no  territory  contiguous  to  Ixiui.siana.  But  Louisiana  extended,  by  the  stipulations 
of  the  treaty,  west  from  the  Mississippi ;  and  Great  Britain,  having  no  territory  ot 
claim  to  territory  which  could  arrest  her  extension  in  that  direction,  is  precluded  lron.> 
denying  that  the  French  title  covered  the  whole  country  from  that  river  to  the  shore-. 

of  the  Pacific  Ocean.  •  .  .        ,    ,  i       ,    i         ,•      *    r 

The  iiarties  to  the  treaty  of  1763  made  partition  of  almost  the  whole  continent  ot 
North  America,  assigning'to  England  the  territory  east  of  the  Mississippi,  and  nortl 
of  the  forty-ninth  parallel  of  latitude.  No  claim  was  at  that  time  advanced  by  Grea 
Britain  to  territory  in  any  other  quarter  of  this  vast  continent;  a  very  pregnant  con- 
clusion against  the  existence  of  any  such  claim.  Her  Government,  ever  vigilant  for 
th-  increase  of  her  territory,  with  a  view  to  the  extension  of  her  commerce,  mani- 
fested upon  the  occasion  of  this  treaty  an  avidity  of  acqui.sition  which  the  continent 
was  scarcely  large  enough  to  satisfy.  Never  very  nice  m  scrutinizing  the  lounda- 
tion  of  her  pretensions,  nor  over  scrupulous  in  the  selection  of  mean.s  to  enforce  tliem, 
she  was  at  this  juncture  in  a  position  peculiarly  auspicious  to  the  gratihcatic;;  of  her 
alisorhiu"-  passion  of  territorial  aggrandizement.  Conqueror  at  eveiy  point,  she  die- 
fifed  the  terms  of  peace,  and  as.serted  successfully  every  claim  four.ded  in  the  slight- 
est pretext  of  right.  Still  no  title  is  either  advanced,  or  even  intimated,  to  possessions 
west  of  the  Mississippi.  ,      „         .,  r<      ■ 

Mr.  Gushing,  of  Massachusetts,  in  a  report  from  the  Committee  on   l"oreign 
Relations,  to  the  House  of  Jlepresentatives,  made  January  4, 1839, has  the  following 


APPENDIX. 


T 


A  r'root  Rrltnin  or  Great  Britain  and  the  United 
sentences :  "  As  between  f^^'^^iiStm^^^^^^^^  („{  boundary)  would 
Slate.,  the  successor  o  all  tJyS^f,"^f\ersailles,  already  cited,  m  vvh.ch  Great 
seem  to  be  co.Kluded  by  t  e  t  ea  y  ^^^^^^^  On  the  foot- 
Britain  relinquishes.  7rrci;o«6/y.  all  i«»  ^j  j^jg^  England  may  pos 

ins  of  »he  treaty  of  U''^'^'^' '' "  J'', '^^^^^^^  from  Hudson's  Bay  acros 

«;hlv.  bv  extension  of  contiguity,  car  yner  |  o .  Versailles  we  possess  th 


sibly.  by  extension  of  ^!^°"|;|"f,'90^!'7„r^;  ffe  t "aty  of  Versailles  we  possess  the 
^;LS^SS^ic!ur i^el  to  c^  o^r  terntor^  across  the  cont.nent.  south  of 
that  line,  in  the  right  of  France.  Louisianna,  on  the  west,  are  confined 

It  may.  l^erhaps,  be  "^  ^^Jj^^^  i"; f^,'  its  tributories ;  the  extent  of  hr  r  cla.m. 
to  the  tenitory  dramed  by  the  M.^^'^^'PP'  l'\  ^^.tricted  to  the  country  so  drained, 
founded  on  the  discovery  of  ^f^'^^;''  ; ''^l?empted  may  be  safely  admitted,  with- 
The  principle  upon  ^Y.^'ch  this  hmtation  s  aUempte^^  J^^^^^_  ^y^^^^^^  ^^^^, 

out  in  any  degree  atlecting  the  "«^\,;°;,„  "\,_.:g„ion  !„  ncS.  that  Louisiana  ex- 
Britain  is  precluded  from -^^"^'"l^irJpi'^rd  s"  ond.f.ecause  the  principle  be- 
tended  indefinitely  -e^^  ^r;/^^^  .™v  of  the'  Mississippi  by  the  French  con- 


¥;:;^;n^;ple  upon  -»>«^ this  limitau.!  isauemp^    ^  — ^-^  ,,,(,  Great 

out  in  any  degree  atlecting  the  "«^\,;°;,„  "\,_.:g„ion  !„  ncS.  that  Louisiana  ex- 

S  itain  is  precluded  from -^^"^'"l^irJpi'^rd  s"  ond.f.ecause  the  principle  be- 

,nded  indefinitely  ^';««V  nif  Ae  d  s^V  of  the  Mississippi  by  the  French  con- 
,g  of  universal  appicatioii.  if  the  discovery  oi  j^^"  ^,,^  discovery  of  the 

ne  Louisiana  to  its  waters  «.f  °f  J?  JS 

■.inmhia  bv  the  Americans  Will  extend  their  claim  o  ^^j^^^_  y^,^ 


Columbia  by  the  Americans -lexte^^^^  Yet. 

by  that  great  river  west  of  ""'^e  'jou  uams^  ^^  ^^^^^  expressed  a  wil- 

ly's ^r  ?"  -  tSrdinV^^la.  comLtee  is  sorry  to  say,)  to  conhne 
jiiigiK—  \ u  „„„r.,»pr  limits. 


SPANISH  TITLE. 


The  Spanish  claim  to  territory  -'J-J^S^^^^^^^^  TolS 

upon  prior  discovery,  for  we  f "]»' *>;^^,jSaS.  e.xcept  the  temporary  occupa- 
p  anted  by  them  north  of  ^^'p/^ni  parallel  oiiau.  ^  -^^^^^  fl,,t  a.gcovered 
f.      -r  Mi„.i.o  s„nn( .  bv  Martinez,  in  178».     >"*^"   ,,  'c  n^r.t — ;-.  nn,i  mini 


Fe'd  by  thm  north  of  the  42nd  par,^^ 

Ln  of  NLk^.„Sound.  b^^Ma.^^^^  J^,„,,  ^j  California,  and  upon 


So    of  N^ooii:;  Sound  bv  Martinez   in  im  ^/  - -«,fXcali,;nia.  and  upon 
and  took  possession  "/ tfiec^try  at  tl  e  ^ad  of  the  ^^^  ^^^  ^^^^^ 

the  river  Colorado,  which  empties  into  i,  '«q™^,j  ^^  ^„^ij  except  the  natives, 
discovery  and  possession,  ^Pf^/Xntrv  Sed  by  that  river  and  its  tribiitaries. 
the  paramount  title  to  the  whole  ^^.^^IXJ^'"^  to  be  denied.      Hence  we  find  the 
deF^uls  upon  a  principle  ^0° ^veU  seUl^  now  t^^ 
Mexican  territory  extending  with  the  a^ju^^^^^^^^  ^^^^.^^  ^^.^  ^^^  ^    ^^ 

of  north  latitude,  in  which  the  Colorado  ^^f  e^^*"^  ^  Great  Britain  under  the 
it  furni.shes  a  conclusive  answer  to  the  idle  claim  m     p    y  ^^  ^^^  committee 

pretended  discoveries  o   »'!; ,f '"''"  '^^^^a^n  de^^^^  'latesof  vaunted  discov- 

fo  encumber  their  report  ^^f  ..^^•^IL^^J^^^^^^^^  the  truth  of  their  reports, 

eries  of  early  navigators.  Little  ^f  [^"9«^" '  j  ,/hich  were  seldom  verihed  by 
and  still  less  upon  the  accuracy  of  their  observations  v^^^  ^collected  that  the  com- 
the  subsequent  use  of  "\"^«  P^^^^^^^f^^^^^^^^^^^  upon  which  the  United  States  now 
mittee  professes  to  give  ^"' ^™f  ^^V^^^^^  notice,  all  such  voyages  and 
relies,  and  wi  I  therefore  pass  over  entirely,  wiuioui  ^j^^^.  ^^^ 

Smiesas  have,  no  direct  bearing  "PO»^'^\^\P  ^J;,  i7n Se  leaVscrunulousof 
discovery  of  America,  He-^^f'^Co  empire  of  Mexico.Vnetrated  ,„  ^^^  PacfTc  Ocean, 
SStSf  esSmtra7cuhS.  on  th^^^^^ 

"^Ks  period  till  t543^  number  of  voy^sw^-Jetowar.^ 
with  results  wholly  ""^Pf  ^1'°  ^^fcX  lo  who  died  before  the  termination 
vessels  were  placed  ""''"^ZTdefoWed  m^n  Cholome  Ferrelo,  who.pushed 
of  the  voyage,  and  the  ^°™"^^"'^„f7"EeT  The  committee  refers  to  this  expe- 
his  discoveries  as  far  >]"^'^^^^„tJn^TtS,hes  another  very  satisfactory  refuta- 
dition  as  no  otherwise  ™P<^^f  .IJf  "i^n^Ja  by  the  British  ministry,  under  the  t.rs 
irvelyr^reyXe:  oVaSWe.    This  greatcaptain  and  succe.ful 


■.X-r^- 


APPENDIX. 


71 


bucancer,  arrived  in  the  Pacific  Ocean  in  the  fall  of  the  year  1578  ;  and  dunng  the 
following  winter,  having  plundered  the  Spanish  towns  on  the  coast  and  the  vessels 
he  encountered  on  the  ocean,  he  turned  This  thoughts  to  England.  1o  avoid  the 
Spanish  ships,  which  would  probahly  assemble  in  .irfficent  force  to  intercept  his  re- 
turn  round  Cape  Horn,  he  resolved  upon  the  route  by  the  Cape  of  Good  Hope.  To 
avoid  the  westerly  winds  which  prevail  in  the  lower  latitudes,  he  sailed  north  as  far, 
perhaps,  as  the  42nd  or  43rd  degree  of  lalitihle.  H.s  crew  here  suffering  from  the  cold, 
he  a-ain  turned  toward  the  south,  and,  running  along  the  coast,  found  a  good  har- 
bor, now  San  Francis«>,  in  latitude  38  degrees.  Here  he  remained  ,^"!^^,  'I"''' F^- 
T,ar  ng  his  vessels  for  the  voyage  home.  We  pass  over,  as  entitle  to  little  belief 
and  no  consideration,  the  i.lle  olier  by  the  Indians  anu  the  equally  idle  acceptance  by 
Drake,  in  the  name  of  Elizabeth,  of  tbo  sovereignty  ot  the  country  Certainly  it  is 
scarcely  possible  to  imagine  titles  founded  upon  weaker  grounds  than  the  discove- 
ri^s  of  Cabrillo,  Ferrelo,  and  Drake  But  if  Drake's  voyiige  be  a  basis  of  he  British 
caim,  Ferrello's  is  a  belter  of  the  Spanish,  for  it  was  thirty-six  years  anterior,  and 

^TanT^uc^aj'tStvice  of  Spain,  in  1692,  discovered  and  sailed  through  the 
r,tSin  latitude  48  degrees,  which  now  bear  his  name.  1  he  account  given  of 
this  vivage  was  many  years  consi.lered  fabulous,  and  of  the  existence  even  of  De 
Fuca  there  was  no  other  evidence  than  some  letters  ot  an  Knglishman  named  Lock, 
written  from  Venice  in  1596.  The  veracity  and  general  accuracy  of  De  tiica,  how- 
ever, have  been  vin.licated  by  the  re<H3arches  of  subseqiien  nav.ptors.  And  when 
Vancouver,  in  1792.  siiiled  through  these  straits,  which  had  been  pointed  put 
to  him  by  the  American  Captain  Gray,  he  was  forcibly  reminded  ol   the  description 

d'  De  Fuca;  and  further  investigations  developing  further  points  ot  resemblance,  he 
pei^etiiated  his  own  conviction  of  the  original  discovery  of  De  l-uca.  by  giving  h.s 
name  to  the  straits,  which  they  bear  to  tins  day.  u-  i    r  i 

Tn  1603.  a  more  imposing  expedition  was  litted  out  under  Visca.no.  which  did 
little  more  than  make  minute  exLinations  ot   the  coast  wluch  had  been  visited  by 

^t""n7SfpS°made  an  establishment  at  Monterey  in  latitude  36-  and  in 
1776  the  bay  of  San  P;ranci*co  was  settled,  in  latitude  38^  the  most  northern  town 

'"  wfnorappioach  a  period  when  the  spirit  of  adventure,  stimulated  by  the  de- 
sire  and  hVe  of  gain,  and  directed  by  nautical  skill  and  science,  made  more  rapid 
and  accurate  advances  in  the  exploration  of  the  hitherto  almost  unknown  shores  of 
Northwestern  America.    These\vere  carried  on  almost  simultancouslj',  under  the 
Shodty  of  Great  Britain  and  Spain-    Prior  to  1774,  the  period  ^o-hich  our  atten- 
tion is  now  directed,  no  Spanish  navigator  had  examined  the  coast  n  nlhol  43    or 
44^  theHmtsof  the  discovery  of  Cabrilloand  Viscaino    In  that  year,  the  Spaniards, 
aroused  to  renewed  activity  by  the  settlements  which  the  Russians  were  pushing 
from  tie  north,  entered  upon  tlie  execution  of  their  long-cher.shed   purposes  ot  ex- 
endiiL  tl^ir  dominion  no  th  of  California.     For  the  accomplishing  o   i  his  object,  so 
ieartoS  an  a,themeansof  enlarging  her  own  possessions,  to  l ;^'; ef  1"-;"J 
he  rest  of  the  world,  several  expeditions  were  undertaken  in  the  yeff  "774  and 
177^    They  wire  diected  to  prcJceed  as  far  north  as  the65th  deg.x,-e  ot  latiiude,  and 
min  itelv  to  Jxlm  ne  thecoa.stso«thto  the  43rd.  to  which  point  it  had  been  explored 
TcSy  and  a  half  before  by  Cabrillo  and  Viscaino.     Juan  Perez,  'h«of  "in 
command  oTthe  tirst  expedition,  in  1774,  did  not  advance  beyond  the  54th  degree ; 
?hen?e  sail  no-  .south,  he  examined  the  coast  to  A9%°,  where  he  discovered  a  com- 
rnSs  C^to  whidi  he  gave  the  name  of  Port  San  I/irenzo.    There  he  remained 
Tc^S.  Kng  with  the  natives.     This  was  the  tirst  v..sit  ever  inade  to  his  part 
of  he  coa^tS  Europeans.     San  Lorenzo  was  four  years  afterward  entered  (disco- 
ve  ed.  aTheSleges)  'by  Cook,  and  called  King  George'H  Soun.L     Its  present  name  is 
Ska  Sound,  which  derives  all  its  celebrity  from  becoming  the  ^f^^^.^^^'^^y^'' 
tent  negotiation  between  the  British  and  Spa...sh  governments.    Captorn  ^j-ook  him- 
S   adShat  he  was  preceded  by  these  Spaniards,  though  he  comes  to  the  cone  u- 
^on  Sev  hadnot  been  atNootka.  'ho  tells  us  that  some  account  of  this  voyage    ad 
Sed'England  before  he  sailed.      In  the  following  note,  referring  to  the  conduct 


72 


APPENDIX. 


of  the  natives  to  Cook,  wo  have  this  important  fact  thus  distinctly  admitted  :  "  Si- 
milar to  the  behavior  of  the  natives  ot  Nootka,  on  this  occasion,  was  that  of  ano- 
ther tribe  of  Indians  further  north,  in  latitude  57"  18',  to  the  Spaniards,  who  had 
prece<le(l  Captain  Cook  only  three  years,  in  a  voyage  to  explore  the  coast  of  Ame- 
rica  north  of  California." 

In  the  following  year,  1775,  another  expedition  sailed  for  the  same  purpose  of  ex- 
ploration. They  saw  the  entrance  of  the  strait  said  to  have  been  discovered  by  Dc 
Fuca,  (for  the  authenticity  of  De  Fuca's  narrative  had  not  then  Keen  established,) 
which  they  were  unable  to  examine  in  con.sequencc  of  a  Violent  storm,  which  drove 
them  off  the  coast.  One  of  the  vessels,  sailing  south,  He'ceta,  the  commander,  dis- 
covered a  promontory  called  by  him  San  Roque,  (now  Cape  Disappointment,)  forming 
the  northern  point  of  the  mouth  of  Columbia  Kiver,  "  which  was  thu.s,  for  the  first 
time,  seen  by  the  natives  of  a  civili/ed  country."  The  other  .schooner,  under  Bode- 
ga and  Maureile,  sailed  to  ilie  north  as  far  as  the  57th  degree,  and,  landing  in  a  bay 
which  they  called  I'ort  llemedios,  formally,  and  with  religious  ceremonies,  took 
possession  of  the  country  in  the  name  of  their  sovereign.  Other  points,  along  the 
whole  coast,  were  visited  by  these  exploring  expeditions. 

BRITISH  DISCOVERIES. 

Having  thus  briefly  brought  the  accotnit  of  the  Spanish  discoveries  down  to  the 
year  1775,  the  comr.ittee  proceeds,  with  equarbrevity,  to  refer  to  the  result  of  British 
voyages,  to  find  a  r.orth west  passage  from  the  Atlantic  to  the  Pacific  Ocean  ;  for  that 
was  the  leadini;  object  of  all  their  expeditions — to  discover  a  more  direct  route  to 
India  than  the  circuitous  one  by  the  Cape  of  (Jood  Hope,  or  the  more  circuitous  and 
dangerous  one  round  Cape  Horn.  The  genius,  the  skill,  the  enterprise,  and  the  fate 
of  Cook,  have  immortalized  his  name.  Under  his  auspices,  two  ships,  in  1776, 
sailed  for  the  Pacific,  to  explore  the  coast,  with  a  view  to  find  the  outlet  of  the  north- 
west pas.-saafe  into  that  ocean.  The  date  (1776)  of  Cook's  sailing  is  important,  as 
showing  that  he  could  lay  no  claim  to  the  di.scovery  of  any  part  of  the  coast  previous- 
ly (in  1774 — 75)  visited  and  discovered  by  the  Spaniards.  The  object  of  Cook's 
voyage  (the  discovery  of  a  northwesi  j.assage)  it  is  imjxirtant  to  keep  con,stantiy  in 
view,  as  it  precludes  the  idea,  now  so  strongly  urged,  that  it  was  any  jjart  of  his  de- 
sign to  take  possession  of  or  to  make  settlements  on  any  part  of  the  territory  now 
covered  by  the  claim  of  the  United  States.  That  no  such  result  was  anticipated  from 
the  expedition  is  incontrovertible,  from  the  instructions  given  to  Cook  by  the  lords 
of  the  admiralty.  After  reciting  that  it  is  "  His  majesty's  pleasure  that  an  attempt 
shoulii  be  made  to  find  out  a  passage  by  sea  from  the  Pacific  to  the  Atlantic  Ocean," 
and  giving  minute  directions  for  their  voyage  to  Otalieite,  the  in.structions  proceed  : 
"  and  having  refreshed  the  people  belonging  to  the  sloops  under  your  command,  and 
taken  on  board  such  wood  and  water  as  they  may  respectively  stand  in  need  of,  you 
are  to  leave  those  islands  in  the  beginning  of  February,  or  sooner  if  you  shall  judge 
it  necessary,  and  then  proceed  in  as  direct  a  course  as  you  can  to  the  coast  of  New 
Albion,  endeavoring  to  fall  in  with  it  in  the  latitude  of  45®  north,  and  takingcare, 
in  your  way  thither,  not  to  lose  any  time  in  search  of  new  lauds,  or  to  stop  at  any 
you  may  fall  in  with,  unless  you  find  it  necessjiry  to  recruit  your  wood  and  water." 
After  strictly  enjoining  him  "  not  to  touch  upon  any  j)art  ot  the  Spanish  dominions," 
etc.,  the  instructions  proceed  :  "  Upon  your  arrival  on  the  coast  of  New  Albion, 
you  are  to  put  into  the  first  convenient  port,  to  recruit  your  wood  and  water,  and 
procure  refreshments,  and  then  to  proceed  northward  along  the  coa.st  as  far  as  the 
latitude  of  65",  or  further  if  you  are  not  obstructed  by  landsor  ice,  taking  care  not  to 
lose  any  time  in  exploring  rivers  or  iidcts,  or  upon  any  other  account,  until  you  get 
into  the  before-mentioned  latitude  of  65®,  where  we  could  wish  you  to  arrive  in  the 
month  of  June  next."  "  When  you  get  that  length,  you  are  very  carefully  to 
search  for  and  to  explore  such  rivers  or  inlets  as  may  appear  to  be  of  a  considerable 
extent,  and  pointing  toward  Hudson's  or  Baffin's  Bays."  "  You  are  also,  with  the 
consent  of  the  natives,  to  take  possession,  in  the  name  of  the  King  of  Great  Britain, 
of  convenient  situations,  in  such  countries  as  yoy  may  discover,  that  have  not  already 
been  discovered  or  visited  by  any  European  Power,  and  to  distribute  among  the  in- 


».     ^t      >li    iH^l 


APPENDIX. 


73 


hatiitants  such  thinp;!'  as  will  remain  as  traces  and  testimonies  of  your  having  been 
there;  but  if  you  find  the  coiintrieH  so  diacovtrttl  are  uiiiiihabiteil,  you  are  to  take 
possession  of  them  for  his  majesty,  by  setting  up  proper  marks  and  inscriptions,  as 
first  discoverers  and  jmssessors." 

Tiie  name  of  New  Albion,  j^iven  in  these  instructions  to  a  part  of  the  coast,  is 
wv\l  calculated  to  excite  a  smile,  when  we  recollect  that  it  has  no  other  warrant  than 
the  predatory  voyai^e  of  Sir  Francis  Drake.  We  have  said  these  instructions  render 
it  certain  that  it  was  no  part  of  the  object  of  Cook's  voya;;e  to  acquire  territory  and 
cftcct  settlements ;  and  we  cannot  resist  the  conviction  that  the  name  was  selected,  and 
the  directions  to  ac(i\iire  territory  i)y  negotiation,  etc.,  were  given  .solely  to  jneclude 
this  very  inference,  and  not  that  they  should  be  obeyed,  for  that  is  manifestly  incom- 
patible with  the  positive  instructions  "  to  lose  no  time  in  exploring  inlets  or  rivers, 
or  upon  any  other  accoinit."  The  jirohihition  to  lose  any  time,  on  any  account, 
south  of  f)6°,  and  the  direction  "carefully  to  search  for  and  cxi)!ore  rivers  and  in- 
lets'" north  of  that  ]iaiallel,  .seem  to  justify  the  inference  that  the  instructions  to  take 
possession,  etc.,  could  only  apply  to  territory  situated  to  the  north  of  (i.'j^,  where 
alone  they  were  j)erniitted  to  si'i-nd'siiffieient  time,  and  directed  to  make  the  snivi^ys 
necessary  for  that  jiurpose.  lint  this  inference  becomes  absolutely  certain,  when  to 
the  instructions  we  add  the  practical  commentary  of  Cook's  conduct  under  them.  To 
this  we  now  proceed. 

On  the  7th  of  ISlarch,  1778,  in  latitude  44"  10'  norili.  Captain  Cook  first  saw 
the  "  long  lookcd-for  coa.stot  New  Albion."  All  their  effijrls  to  find  a  harbor  or  ef- 
fect a  landing  were  baffled  by  tempestuous  weather  and  contrary  winds  until  the  29\h, 
when  they  found  an  inlet  ami  safe  harbor  in  latitude  4U°  T.i',  now  called  Nootka 
Sound.  This  jjoint  is  the  .same  visited  and  examined  by.luan  I'erez,  in  1771,  and 
■which  he  called  I'nrt  San  Lorenzo.  Of  the  natives.  Cook  says  :  "  They  showed 
great  readiness  to  jiart  with  anything  they  had,  and  took  from  us  whatever  we  of- 
fered in  exchange,  but  were  more  desirous  of  iron  than  of  any  other  of  our  articles 
of  commerce,  appearing  to  be  jjerfectly  acquainted  with  the  use  of  that  metal.  Sub- 
sequently, he  ascribes  "  their  great  dexterity  in  works  of  wood  to  the  assistance  they 
receive  from  iron  tools." 

Whence  did  these  savages,  cannibals,  as  they  are  represented,  derive  their  know- 
ledge of  the  use  of  iron,  and  cd'  the  mode  of  converting  it  into  toids  .'  If  there  be  any 
difficulty  in  answering  this  question,  there  can  be  none  in  as.serting  they  did  not  de- 
rive it  from  the  British,  for  on  their  arrival  they  found  the  iron  and  tools  in  common 
use.  Cook,  foreseeing  that  he  was  exposed  to  this  embarrassing  interrogatory, 
seeks  to  avoid  the  only  reasonable  solution,  in  referring  to  the  previous  visit  of  the 
Spaniards,  by  saying,  "  Iron  bein^?  familiar  to  these  peojile,  it  was  very  natural  for 
us  to  si)eculatc  about  the  mode  of  its  being  conveyed  to  them."  In  the  course  of 
this  speculation,  he  indulges  in  a  variety  of  conjectures  not  very  probable— as  that 
the  iron  came  from  the  north.  If  so,  it  must  have  been  from  the  Ku.s.sians,  who,  at 
that  period,  had  not  penetrated  so  far  south ;  or  from  the  English  .settlements  on 
Hudson's  Bay,  which  may  be  pronounced  impossible.  He  does  not  hesitate  to  assert 
that  the  Spaniards  (the  account  of  whose  visit  to  this  coast  in  1774  and  1775  he  ad- 
mits had  reached  England  before  he  .sailed)  did  not  introduce  the  iron  at  Nootka 
Sound.  He  adds,  with  great  simplicity,  that  it  cannot  easily  be  determined  "  whe- 
ther these  things  be  introduced  by  way  of  Hudson's  Bay  and  Canada,  from  the  In- 
dians who  deal  \yith  our  traders,  and  so  successively  across  from  one  tribe  to  ano- 
ther, or  whether  they  be  brought  from  the  noithwestft-n  parts  of  Mexico  in  the  same 
manner."  He  rejects  the  only  probable  supposition,  that  the  Spaniards,  who  un- 
questionably were  there  in  1774,  left  this  iron  in  exchange  for  skins,  and  resorts  to 
an  idle  fancy  of  its  having  been  transmitted  from  the  English  or  Spaniards,  through 
the  inteiTCntion  of  numerous  and  hostile  tribes  of  Indians.  This  iron  may  have 
been  left  by  the  Spaniards  for  the  same  purposes  that  Cook  was  directed  to  leave 
that,  or  sinjilar  substances — "  to  remain  as  traces  and  evidences  of  their  having  been 
there."  Several  articles  were  found,  of  which  the  "  materials  certainly  were  Euro- 
pean"—such  as  brass  ornaments,  of  which  it  is  said,  if  not  from  Canada,  they  "  must 
have  been  introduced  at  Nootka  from  the  quarter  of  Mexico,  from  whence  no  doubt 
the  two  silver  spoons  met  with  here  were  originally  derived."  Here  is  proof,  which 


I 


fmtii 


I 


74 


APPENDIX. 


bv  another  Kurojieau  Power    m  wh'ch  event,  ny  i       j  ^^^  ^^^,^^  ^^^ 

cUwas  prohibited  f^.°";^»,ton^"Tra^ an]  evi E  that  the  Spaniards  had 
brass  ornaments,  the  8dv<^-sp(^ons,      traces  a  ^^  instructions,  took  in 

been  there.     Under  the.e  '•''•'^"'^^J^"'='^',i''jTe.Y^  there  from  March  29  to 

„  i,.,pply  of  -  wood  and  water,"  »"''•  ^"'^""f!'.  ^^,  .^T'ssion  in  the  "  name  of  his 
Ipri^ifi.  he  gives  no  '"''-"f '"»  °i,,^,^"."| ^\1*^^  oSeT?^^^^^^^^  "orth.  In  June 
majesty."  as  he  -> hse^quently    -d  ^^^"^  ^e^^^^^^^^^  „'f  „  „„e  river,  which,  after 

following,  m  latmule  «' ^^'^  •J'';'*'X™  1  "his  ••  rivercapabfe  of  extensive  inland 
his  death,  received  h.s  own  name  .^X  3  ''there  to  display  the  flag,  and  take 
navigation."  Cook  sent  Mr.  Kmg  '?  ^he  '  am,  ,,    i-  performed  this 

Joss^ssion  of  the  country  and  ";«■• '"/"^  ^^  ^Lrn  voy  i"  whic'h  we  have  no 
fdle  ceremony,  the  e^^^dition  prosecu  ed  J  n^  ^^^  .y    , 

interest  to  accompany  it  ^.""^^,  "/^f  jhe  v  li.lity  oi  tlie  title  ac-iuired  by  Cook  a 
iKr"i.fth*fa"rih^!::i82'/^^^^^^^^^^  Hu--  pos.ssions  to  extend 

^^^/eha've  t"™  that  Captain.  Cook  ^-t  touf  d  th^^^^^^^^ 

spring  of  1778,  and  could  thus  acquire  no  ^.'f '  f^  P"^;,'  X^  the  British. 

sS  whose  vessels  had  visited  the  «=^'"^  ^""J^'Xe/rval  d  S  to  the  country  on 

of  the  convention  of  Noo  ka  So"nMh«  'tl^^  ^j^^^  ^^^    ,,i    „f 

If  this  reasonuig  be  worth  ^"{^^l"? '•  V'l  no  rSwould  have  been  ac(iuired  under 
Spain  thus  acquired  was  good ; ,°; '^  *'^J;^,3e  w  Spain,  to  ascertain  the  e.xtent 
it     It  is  necessary  to  look  into  the  act  of  8""enaer  ^    \     !        ^^       ,^^8  actually 

of  the  British  right  under  it;  f"/ ^^XTs, ain  remSo^  to  all  her  territory  not 
surrendered.     In  other  words,  the  title  of  Spain  remams  go  ^^^^^  ^^^^.^^ 

surrendered.    Jh^rf,"af  "Vhe^SowL^  "  ra^^  all  that  was  to  be 

Banca.  dated  May  2.  1791.  The  ""^^^^^^  ^™  ^^cer.  who  will  deliver  this 
restored:  "  You  w  11  ^ive  d>rect.ons  that  h.s  "^^J«;^ « ,^j  , ;„ j  ji,t,ict8  or  parcels 
letter,  shall  immediateTy  be  put  mposs^ss,^^^^^^^  .^ 

of  land  which  were  occupied  by  the  subje  ^^^  o    ma  ,  |    j^^    ^^i^i  ,„  be  called 

well  in  the  port  of  Nootka  S/^^J^^^^^J^n  Sues  dTstant  from  the  former,  to  the 
Port  Cox.  and  to  be  situated  ^b°ut  f  xte^^^^^^^ 

southward;  and  that  such  parcels  or  d^^ricts^ollancl.ot  ^^^^  f,ow  cautious 

were  dispossessed,  be  restored  to  the  sa  j  officer.       It   ^^^^  ^j  ^„y  ^.i^,,,  ^f 

Spain  was  i^s";^"'^'^'"^/^  .^^^^e;  as  to  e.xciUQ^  the  possession  of  certain 

dominion  in  the  Crown  of  Gveat  Britain,  and  ^"""^"^K  ^^^  ^^^  Scares,  who 
tracts  or  parcels  of  land  by  M««^^  King  Maquinna  "most 

gives  us  the  extent  of  bis  grant  m  '"f  'O''"^!;  ^  •  u:  territory,  whereon  a  house 
Ldily  consented  to  grant  us  a  spo  o  f^^^^^  ^l  intended  to  leave  behind." 
might'be  built  for  the  accommodation  of  the  people  we  ^^  ^^^^    ^^^ 

This  looks  very  httle  like  a"  "  «"  '™  °^  f^jErconsidered  it  a  temporary  estab- 
possession  of  the  country ;  and  t»f  .^J'^'^f '  i^'^M^quinna,  that  when  they  finally 
lishment  only,  is  ckar  from  h.s  hav'^S.f™™  iSnhe  house  and  all  ttie  goods 
left  the  coast,  he.should  '.enter  ntofupossesm^^^^  house  were  ever  built:  but 
thereunto  belonging."    It  is  a  '  "'«,f  ™^^^^^  lot  to  a  British  sub  ect  is 

ii^^vTifdertiirsr^o^^^^^^^^ 

%tain  Vancouver  was  -t  to  receive  tj^.  ^de.b- 

the  sime  construction  upon  the  letter  oJCount  Florida  Banca^^^^^^  ,  ^j  ,^j 


.r--— ^■s«tTW---':-*  ><>->*«W*w^-V.<^*'''««« 


«**«i«9<tow«w*M0toi*«"^**'''«*' 


risited 
itions, 


iiii  mjiinwi^wmig^ 


APPENDIX. 


75 


Nootka  Sound,  the  parties  separated,  and  no  surrender  was  in  fact  made.  For  the 
particul.irs  of  tlie  correspondence  between  Captain  Vancouver  and  Seiior  (iiiadm, 
relative  to  the  8urrender,thecommittee  refers  to  the  2nd  v  lumeof  Vancouver'.svoya)5e. 
For  an  account  of  the  transactions  which  led  to  the  Nootka  convention,  and  the 
true  meaiiiiifj;  anil  viTuct  of  tliat  convention,  the  committee  refcr.s  to  the  report  of  Mr. 
Cushinj'  and  the  jNIemoir  of  Mr.  Grcenhow. 

On  the  1-lth  of  December,  1790,  Mr.  Duncnmbe,  in  the  House  of  Commons, 
moved  an  addre.s.s  to  his  majesty  on  tiie  Nootka  convention.  The  following  extract 
from  that  address  will  show  what  the  minister  claimed  to  have  acquired  by  that 

convention :  ,  ,     ^    .  .     •,      i     r 

"  They  (the  House  of  Commons)  are  eager  to  embrace  the  first  opportunity  of  of- 
fering to  his  majesty  their  cordial  congratulations  on  so  satisfactory  an  issue  of  the 
late  negotiation,  which  has  continued  to  these  kingdoms  the  blessings  of  peace,  has 
maintamed  the  honor  of  his  majesty's  crown,  by  providing  an  adequate  reparation 
for  the  violence  which  was  committed  at  Nootka,  and  has  secured  to  His  Majesty's 
8ui)jects  the  exercise  of  their  navigation,  commerce,  and  fisheries,  in  those  parts  of 
the  world  which  were  the  subject  of  discussion." 

Mr.  Fox  opposed  tliis  address,  and  the  following  extracts  from  his  speech  will 
show  his  estimate  of  these  acquisitions: 

"  In  the  early  part  of  the  debate  we  had  beard  nothing  but  rhodomontade  about 
acquisition,  nothing  but  of  new  sources  of  trade,  new  objects  of  enterprise,  new 
oceans  and  new  continents  opened  'o  the  activity  of  our  merchants  and  the  courage 
of  our  siiilois.  Such  tiower.s  of  rhetoric  were  elegant  embellishments,  e(}ually  con- 
venient to  give  force  to  argument  or  to  conceal  the  want  of  it.  But  was  it  true  that 
we  had  opened  any  of  tho.se  sources,  or  made  a  single  acquisition.'  An  honorable 
gentleman,  who  spoke  immediately  before  him,  had  put  the  question  upon  its  true 
grounds.  Having  caught  the  contagion  of  the  speakers  who  preceded  him  on  tJie 
same  side,  he  had  talked  of  gaining  and  acquiring;  but,  in  the  progress  of  his  argu- 
ment, he  had  very  properly  stated  that  we  had  acquired  nothing,  but  only  obtained 
security  for  what  we  possessed  before. 

"  What,  then,  was  the  extent  of  our  rights  before  the  convention,  and  to  what 
extent  were  they  now  secured  to  us .'  We  possessed  and  exercised  the  free  naviga- 
tion of  the  Pacific  Ocean,  without  restraint  or  limitation ;  we  possessed  and  exercised 
the  right  of  carrying  on  fisheries  in  the  South  Seas,  equally  unlimited.  This  estate 
we  liad,  and  were  daily  improving ;  it  was  not  to  be  disgraced  by  the  name  of  an 
actiuisition.  The  admission  of  part  of  these  rights  by  Spain  was  all  \ye  had  ob- 
tained. It  remained  to  inquire  what  it  cost.  Our  right  before  was  to  settle  in  any  part 
of  South  or  Northwest  America  not  fortified  against  us  by  previous  occupancy; 
and  we  are  now  restricted  to  settle  in  certain  places  only,  and  under  certain  restric- 
tions. This  was  an  important  concession  on  our  pait ;  our  rights  of  fishing  extended 
to  the  whole  ocean  ;  and  now  it  too  was  limited,  and  to  be  carried  on  within  certain 
distances  of  the  Spanish  settlements.  Our  right  of  making  settlements  was  not,  as 
now,  a  right  to  build  huts,  but  to  plant  colonies  if  we  thought  i)roper.  Surely  these 
were  not  acquisitions." 

Speaking  of  the  indefinite  limits  of  Spanish  America,  he  says : 

"  On  this  point  we  have  gained  nothing.  We  have  renounced  the  right  of  per- 
manent settlement  on  the  whole  extent  of  South  America,  and  where  the  admitted 
right  of  .settlement  on  the  Northwest  coast  commenced  was  completely  undefined  ;  it 
was  said  at  Nootka,  but  we  did  not  know  that  Nootka  would  be  restored. 

"  By  the  third  article,  we  are  authorized  to  navigate  the  Pacific  Ocean  and  South 
Seas  unmolested,  for  the  purpose  of  carrying  on  our  fisheries,  and  to  land  on  the 
iHisettled  coasts,  for  the  purpose  of  trading  with  the  natives  but  after  this  pompous 
recognition  of  right  to  navigation,  fishery,  and  commerce,  comes  another  article, 
(the  sixth,)  which  takes  away  all  right  of  landing  and  erecting  even  temporary  huts 
for  any  purpose  but  that  of  carrying  on  the  fishery,  and  amounts  to  a  complete 
dereliction  of  all  right  to  settle  in  any  way  for  the  purpose  of' commerce  with  the 

niti  V6S 

'"  In  renouncing  all  right  to  make  settlements  in  South  America,  we  had  given 
to  Spain  svhat  she  considered  as  inestimable,  and  had  in  return  been  contented  with 
dross." 


I 


76 


APPENDIX. 


.  ,  4i,»j  in   Ai.i-il    ^Ti•'>    Up  (liRcovcrcd  a  sail,  which  soon 

Vancouver  mfonns  u«  that    "  ^      '  ,y,;;L.;,V'''.s",c  proved  to  he  the  nliip 

nineteen  months  ;  and  this  brings  us  to  the 

AMERICAN  DISCOVEIIIKS.    . 

Vancouver  .nt  a  hoat  on  .-l^of  .iJ^^^^Ift W  ^^11^:1^^^^?^ 

all  modern  .riter.    ^^^^^^o^U^l^^^^^'!^^^^^  as  to  prevent 

of  a  nver  m   ;it,tudc  47     10    ^^'':-  f  ^^;^.,°"^7,,  ,  ^  ..^his  wa«  probably  the  opemng 

^irrllvl  on  tlle'foSi^n  JZ^^  a;>d  was  apparently  inaccessible,  not  from 

}l,e' current,  but  from  the  breakers  tha\"^" '^^^1^  until  he  was  informed  by 
So  Vanr-ouver  had  no  idea  of  there  lienig  a  rmr  1""'-  "' '    '    .        ,.      ,      ;  ' 

of  several  citizens  o    Hu,,ton,  lor  tht  prp^^^^^^  learn  that  on  the  11th 

J^'S^lv'T!^!^  (^;;:;"i^^  ^SeieJu. 'mZJ  of  tl.  Coluimda  ;  and^  cros. 
?SttS"foImd  tills  to  be  a'large  river  of  fresh  water,  up  wh.ch  he  stee.ed. 

"•^ '^V^S  Gnv  IS'^.'S  to  discover  the  Columbia  river,  it  is  believed,  is 

^iight^est  ^legree  weakening  their  -f^t  ?rowmg  mU  o    the     >->    y^    Whatever 

"""•  "^-S  llv  ^>';^£  t;  cirt  om  S^iS^rSrlhe  right  shall  he  in  him. 
^"irrso  L  xp  ion  wh  ch  was  placed  under  the  direction  of  Captains  Lewis 
anlmSwIlsl^lLned  by  Mr.  Je«brsL  arul  ai;|;^oved^ by  Cc^e.  wjo^uj  the 
necessary  appropriations  for  carrying  it  into  ettect.     1  tie  ?  >]eci  w.  »  u  , 

Eourf  to^t^s  sLrce  in  the  Rocky  fountains  and  crossu^l^^^^^^  to  expto^ 
the  Columbia  from  its  source  to  its  mouth  m  the  Pacihc     1  his  (tuty  w«  pti 


BaHW<£4a«H>KWf^nAO»J 


APPENDIX. 


7T 


liy  tnose  officers  with  great  intrepidity,  judgment, and  fidelity;  their  journal  furnish- 
ing ii  larKeaninunl  of  useful  information  relative  to  the  geoi^riiphy,  the  fiulian  trihew, 
and  the  animal,  vegetable,  and  mineral  productions  of  those  vatit  regions,  llavint? 
cros^sed  the  mountains  early  in  October,  1805,  they  deHcendt'd,  in  their  canoes,  f.cwiH 
liiver  to  its  junction  with  the  Columbia,  and  down  that  river  to  its  mouth,  where  they 
arrived  on  the  l-lth  day  of  November.  Having  selected  a  proper  site,  they  built  the 
houses  neces.sary  for  their  accommodation,  and  a  fort  for  their  jirotection  during  llm 
winter,  which  was  i)assed  in  making  such  examination  of  the  surrounding  country 
as  the  season  woulii  permit.  Early  in  the  spring,  lieiiig  scri(Uisly  apprehensive  of 
want  of  provisions,  they  anticipatiul  the  jieriod  originally  lixed  for  their  return.  He- 
fore  leaving  the  country,  they  gave  certificates  to  several  of  the  chiefs,  as  "  traces 
and  evidences"  of  their  having  been  there.  With  the  same  view,  a  pujier  wasal.'o 
posted  up  in  the  fort,  to  the  following  ellect :  "  The  object  of  this  last  is,  thai  tbiough 
the  medium  of  some  civilized  person,  who  may  see  the  .same,  it  may  be  made  known 
to  the  world  that  the  party  consisting  of  the  persons  whose  naniei*  are  hereunto  an- 
nexeil,  and  who  were  sent  out  by  the  (iovernment  of  the  United  States  to  exjilore  the 
interior  of  the  continent  of  North  America,  did  penetrate  the  «ime  by  the  way  of 
the  Mi.ssouri  and  Columbia  rivers,  to  the  discharge  of  the  latter  into  the  Pacific  ocean, 
where  they  arrived  on  the  1-lth  day  of  November,  1806,  and  departed  on  the  23rd 
day  of  March,  180(!,  on  their  return  to  the  United  States,  by  the  ,«ame  route  by 
which  they  had  come  out."  On  their  return  homeward,  they  liivided  into  two  par- 
ties: Captain  Ixjwis  carefully  exaniininf'  (Clarke's  Iliver  and  it.s  |)riiicipal  branche'S; 
while  Captain  Clarke,  crossing  over  to  the  V'ellow  St(Uie,  descended  that  river  to  it.s 
junction  with  the  Missouri,  where  the  two  parties  reunited;  thence  they  iiroceedej 
to  St.  Loui.s,  and  the  two  officers  reached  Washington  in  February,  1807.  The  prac- 
ticability of  croFsing  the  Rocky  Mountains  being  thus  satisfactorily  established,  the 
attention  of  our  citizens  w;is  attracted  to  this  quarter  by  the  quantity  and  quality  of 
the  furs,  wliich  were  .said  to  be  excellent  and  abimdant. 

"  The  earlie.st  attemjils  made  by  citizens  of  the  United  Stales  for  similar  purposes 
(trading  establishments)  were  those  of  an  association,  formed  at  St.  Louis  in  ISO.'*, 
called  the  Missouri  Fur  Company.  At  its  head  was  an  enterpiising  Spaniard  named 
Manuel  Lisa,  through  whose  exertions,  chiefly,  several  trading  posts  were,  within 
the  two  ensuing  years,  established  on  the  Upper  Missouri,  and  one  beyond  the  Rocky 
Mountains,  on  the  head-waters  of  the  Lewis,  the  southern  branch  ot  the  Columbia. 
The  post  on  the  Lewis  appears  to  have  been  the  first  ever  formed  by  white  men  in 
the  country  drained  by  the  Columbia.*  The  enmity  of  the  savages  in  its  vicinity, 
and  the  difficulty  of  procuringa  regular  supply  of  food,  however,  ooliged  Mr.  Henry, 
the  superintendent,  to  abandon  it  in  1810." 

In  the  same  year  (1810)  Mr.  John  Jacob  Aster,  of  New  York,  formed  an  associa- 
tion for  the  purpose  of  occupying  positions  on  the  Columbia  River  favorable  to  a 
successful  prosecution  of  the  fur  trade.  It  was  known  as  the  Pacific  Fur  Company. 
The  plan  was  to  divide  the  forces  intended  for  this  enterprise  ;  to  send  part  by  sea 
round  Cai)e  Horn,  and  part  by  land  across  the  continent.  Accordingly,  the  shij) 
Tonquin,  with  the  first  detachment,  sailed  from  New  York  in  1810;  and  in  January 
following,  the  second  detachment  left  St.  Louis,  under  the  direction  of  Mr.  Wilson 
P.  Hunt. 

The  Tonquin  arrived  at  the  mouth  of  the  Columbia  in  March,  ]«1 1 ,  and  establish- 
ing their  princijjal  factory  on  the  south  bank  of  the  river,  they  gave  it  the  name  of 
Astoria,  made  familiar  to  every  ear  by  the  elegant  and  interesting  narrative  of  Mr. 
Washington  Irving.  As  the  object  of  the  committee  is  only  to  show  the  continuiil 
claim  and  actual  pos.session  of  the  territory,  from  the  time  of  its  discovery  in  1792, 
it  will  not  further  our  design  to  give  an  account  of  the  commercial  and  trading  trans- 
actions of  the  association.  They  occupied  Astoria,  and  their  different  hunting  and 
trading  establishments  on  the  river,  until  the  16th  day  of  October,  1813;  having  thus 
been  in  actual  possession  from  March,  1811 — two  years  and  six  months.  At  the 
latter  period,  having  received  information,  upon  which  they  could  rely,  tliat  a  British 

*  Greonhow. — Permanent  post  must  be  meant;  for  Lewis  and  Clarke  had  erected  Fort  Clat- 
sop, in  1806,  as  we  have  soon,  at  the  mouth  of  the  river. 


: 


t 


78 


APPENDIX. 


force  was  approaching  forcibly  to  dispowMHs  them,  the  managers  sold  "all  the  eBtab- 
li8hmcntH,  furs,  and  proprrty,"  to  the  Northwest  Company.  The  rt'i)ort  f)f  the  ap- 
proarh  of  |i  BritiHh  force  was  ^oon  veritied  ;  for,  in  Decemlwr  foijowin)?,  tli.  |{,-ickoon 
Britiith  sloop  of  war  arrived  at  Astoria,  of  which  ('aptain  Hlack  took  possession, 
Buhstituted  the  Kn^^lish  for  the  American  flag,  and  changed  the  name  to  Fort  (ieorge. 

From  this  narrative,  it  a|)pear8that  the  Americans  were  the  first  tn  discover  the  river 
Columbia,  and  first  to  take  posscsston  of  the  territory  through  which  it  jiasscs.  The 
rominittee  has  no  douht  that  the  United  States  haa  thus  acquired  a  title  to  that  whole 
territory,  of  more  validity  than  that  oi  any  other  nation.  As  the  British  Govern- 
ment now  refuses  to  acknowledge  the  claims  of  the  United  States  citln'r  to  the  origi- 
nal discovery  or  jmssession,  (the  iliseoveru  wiit  admitted  Inj  Vantouvcr,)  the  com- 
mittee will  advert  to  the  facts  and  resutonsny  which  they  justify  this  refusal 

The  (iretensions  of  Captain  Gray  to  the  honor  and  right  of  the  discovery  are  con- 
tested, because  it  is  alleged  that,  at  the  same  time,  Alexander  Mackenzie,  a  British 
subject,  discovered  the  northern  branch  of  that  river.  If  that  alleg;»tion  be  true,  it 
certainly  produces  some  dilficulty.  That  it  is  not  true,  we  have  the  testimony  of 
Mackenzie  him.si'lt,  who  has  left  us  the  only  account  of  his  travels.  IVare  Jlivcr 
rises  ill  the  Rocky  Mountains  in  latitude  S.i"^,  and,  running  generally  a  northeast 
course,  empties  into  Slave  Itiver  in  latitude  59°.  The  entire  river  i.n  cast  of  the 
mountains.  But  on  this  river  Mackenzie  tells  us  ho  spent  the  winter  of  1792-93; 
that,  for  the  accommodation  of  his  party,  on  the  7th  of  December,  1792,  he  "set 
all  hands  at  work  to  construct  the  fort,  build  the  hou^te,  and  form  store- hou.scs,"  at 
a  point  which  he  ascertained,  "  by  various  observations,"  to  be  in  latitude  59°  9' 
north,  and  longitude  117°  .15'  15"  west.  This  place  they  left  on  the  Olh  of  May, 
1773,  anil,  ascending  Peace  liiver  on  the  17th,  came  in  sight  of  the  Rocky  Moun- 
tains. We  have  seen  that,  in  May,  1792,  Gray  had  discovered  the  mouth  of  the 
river — that,  so  far  from  the  river  being  simultaneously  discovered,  the  American 
di.scovery  was  at  least  one  year  before  the  British,  even  if  Mackenzie  ever  touched 
the  river.  His  own  account  gives  no  reason  to  suppose  that  he  did.  He  says  that, 
after  crossing  the  Rocky  Mountains,  he  came  to  a  large  river,  v  '  lie  descended 
for  .several  days  in  a  canoe  ;  but,  becoming  discouraged  by  the  ditii,  i;s  of  the  na- 
viption,  he  determined  to  make  an  effort  to  reach  the  Pacific  Ocean  liy  land.  Kor 
this  purpose  he  returned  up  the  river  to  a  point  from  which  he  had  resolved  to  ad- 
vance west  by  the  shortest  route  to  the  ocean,  where  they  arrived  July  22nd,  in  lati- 
tude 52°  23'  43".  This  river,  he  tells  us,  was  navigable,  and,  by  his  account,  he 
reached  it  in  about  56°  north.  None  of  the  sources  of  the  Columbia  are  north  of 
54°.  The  source  of  the  Columbia  is  directly  south  of  the  source  of  Peace  River; 
but  the  object  of  Mackenzie  (to  reach  the  Pacific)  would  carry  liim  west,  and  not 
south.  The  Columbia  is  known  not  to  be  navigable  at  any  point  where  it  is  possi- 
ble Mackenzie  could  have  touched  it.  The  river  asserted  to  be  the  Columbia  he 
left  on  the  4th,  and  arrived  at  the  ocean  on  the  22nd  of  July — an  interval  in  which 
it  is  impossible  they  could  have  performed  the  journey,  which  could  not  have  been 
less  than  four  or  five  hundred  miles  in  the  most  direct  route.  Mackenzie's  general 
cour.se  from  the  river  was  southwest;  and  yet  he  informs  us  that,  on  the  10th,  af- 
ter six  days'  travelling,  he  found  the  latitude  to  be  53°  4'  32",  which  is  nearly  as 
far  north  as  any  of  the  sources  of  the  Columbia.  For  these  rea-sons,  the  commit- 
tee is  led  to  the  conclusion  that  Mackenzie  did  not  see  the  Columbia  Rivet  He 
himself  admits  that  he  did  not  do  so  until  June,  1793,  leaving  Captaii  Gray  the 
undisputed  discoverer. 

The  committee  submits  the  following  extract  of  Mr.  Greenhow's  Memoir,  upon 
the  dis]nited  question  of  prior  possession :  "  With  regard  to  Ihe  priority  of  their 
discoveries,  the  plenipotentiaries  of  Great  Britain,  in  the  statement  presented  by  them 
to  the  American  minister  during  the  negotiation  of  1820,  make  the  following  obser- 
vations: '  In  reply  to  the  allegations,  on  the  part  of  the  United  Suites,  that  their  claim 
to  the  country  is  strengthened  and  confirmed  by  the  discovery  of  the  sources  of  the 
Columbia,  and  by  the  exploration  of  the  course  of  that  river  to  the  sen,  by  Lewis 
and  Clark,  in  1805-'6,  Great  Britain  affirms,  and  can  disti..ctly  prove,  that,  if  not  be- 
fore, at  least  in  the  same  and  subseqjient  years,  her  Northwestern  Trading  Company 
had,  by  means  of  their  agent,  Mr.  'Thompson,  already  established  their  posts  among 


g«ge»»w*gjQiiiw<'i'j^s»>tMir- 


APPENDIX. 


19 


the  FlatbPdil  mill  Kootanic  tribes  on  the  head  waters  or  main  branch  of  the  (.'olum- 
bia,  and  were  gradually  oxItMnlini?  lliein  down  the  principal  streams  of  that  river  ; 
thus  Hiving  to  (;r>'al  Hritain  in  this  particular,  as  in  the  discovery  of  the  toouth  of 
the  river,  n  title  of  jiarily  at  least,  if  not  of  iiriority  of  discovery,  as  opposed  to  the 
dniled  States,  It  was  from  these  posts  that,  having  heard  of  the  American  cstaMi»h- 
ment  forrninn  "»  •''^' '  '■»*  ••":  mouth  of  the  river,  Mr.  Thompson  hastened  thither,  de- 
scendiiii;  the  river  to  ascertain  the  nature  of  that  establishment.'  As  the  words  '  in 
the  same  and  Bubse(|uent  year,'  are  rather  indefinite,  the  dates  of  the  occurrences 
above  mentioned  will  he  slated  somewhat  more  exactly.  Lewis  and  Clarke  reached 
the  Pacific  ocean,  afler  exjiloriiig  the  Columbia  Jtiver  from  one  of  its  most  eiu«tem 
head  waters  in  the  Rocky  Mountains  to  its  mouth  on  the  I5lh  of  November,  1H05. 
In  the  .spring  of  18(m,  as  will  heudter  be  shown,  Mr.  Simon  Frazer,  and  other 
persons  in  the  employment  of  the  Northwest  Company,  crossed  the  Rocky  Moun- 
tains through  the  great  gap  near  the  56th  degree  ot  latitude,  and  established  the  first 
British  trailing  po.st  west  of  tliiil  ihain,  on  Prazer's  lake,  about  two  degrees  further 
south  ;  but  no  evidence  has  been  obtained  that  Hrilish  subjects  had  ever  visile  1  any 
part  of  the  country  iliained  by  the  Columbia,  above  the  falls  of  that  river,  before 
the  summer  of  1811.  In  that  year,  Mr.  Thompson,  astronomer  of  the  Northwest 
Company,  and  his  party,  on  their  way  down  the  .stream,  for  the  purpo.se  of  antici- 
pating the  Americans  at  i.s  mouth,  did  build  some  huts  on  the  northern  branch,  and 
did  there  open  trade  with  the  Flathead  and  Kootanie  Indians ;  and  from  these  jiosts 
Mr.  Thompson  did,  indeed,  hasten  down  to  the  ocean,  where  he,  however,  found 
the  citizens  of  the  United  States  in  full  possession."  Suppose  the  possession  by 
Thompson  and  Lewis  and  Clarke  to  have  been  simultaneous,  iw  alleged  by  the  Hri- 
tish  ministry,  the  committee  is  clearly  of  opinion  that  even  such  possession,  strength- 
ened by  our  prior  discovery,  gives  us  the  better  title. 

Having  thus  established  in  the  United  States  the  priority  both  of  discovery  and 
possession,  the  committee  proceeds  to  a  consideration  of  the  events  which  followed 
the  occupation  of  Astoria  by  the  British,  in  December,  1813.  By  the  first  article  of 
the  treaty  of  Ghent,  it  is  agreed  that  "  all  territory,  places,  and  possessions,  whatso- 
ever, taken  by  either  party  from  the  other,"  etc.,  "  shall  be  restored  without  delay." 
Astoria,  having  been  taken  from  the  Americans  during  the  war,  was  included  in  the 
stipulations  of  this  article,  and  was  restored  to  the  United  States,  through  their 
agent,  J.  B.  Prevost,  Esq.,  in  the  following  manner: 

"  In  ol)cdience  to  the  commands  of  his  royal  bigness  the  Prince  Regent,  signified 
in  a  dispatch  from  the  right  honorable;  the  F^rl  of  Bathurst,  addressed  to  the  part- 
ners  or  agents  of  the  Northwest  Com,)any,  bearing  date  the  27th  of  .January,  1818, 
and  in  obedience  to  a  subsequent  order,  dated  2Gth  of  .July,  from  W.  H.  Sheriflf, 
E.sq.,  captain  of  his  Majesty's  ship  Andromache,  we,  the  UBilersigned,  do,  in  con- 
formity to  the  tirst  article  of  the  treaty  of  Ghent,  restore  to  the  Government  of  the 
L'nited  States,  through  its  agent,  J.  B.  Prevost,  Esq.,  the  settlement  of  Fort  George, 
on  the  Columbia  iliver.  Given  under  our  hand,  in  trijdicate,  at  Fort  George,  on 
the  Columbia  Iliver,  this  6th  day  of  October,  1818. 

"  F.  HICKEY, 
Captain  of  hU  Majesty's  ship  Blossom 
"J.  KEITH, 
of  the  Northwest  Company.' 

I  do  hereby  acknowledge  to  have  this  day  received,  in  behalf  of  the  Government 
of  the  United  States,  the  ])()sse.ssion  of  the  settlement  designated  aliDve,  in  conformity 
to  the  first  article  of  the  treaty  of  Ghent.  Given  under  my  hand,  in  triplicate,  at  Fort 
George,  Columbia  Uiver,  this  6lh  day  of  October,  1818 

"  J.  B.  PREVOST, 
Agent  for  the  United  States." 

.  It  is  true  that,  iu  the  dispatch  of  Earl  Bathurst,  and  in  Lord  Castlereagh's  in.struc- 
tioos  to  the  British  minister  at  Washington,  a  reservation  is  made,  that  the  surrender 


I 


•0 


AITFNDIX. 


of  posfW!Mion  Hhniilil  not  ))c  dpi'mcil  an  iiilminHion  of  the  absolute  nml  vxcliixivn  n'Kht 
of  (Inniinion  cliiiiniMl  liy  tli>-  (Tiiildil  Stiitcr* ;  but  at  tlx;  wunf  time,  in  cxiilimntioii  to 
Mr.  Uii!th,  aH  Ntatot  in  a  |)ublir  dispatch,  "  [..ord  ('n.-ttluruat^li  adinitlcd,  in  ibi*  \umt 
nin|)lc  extent,  oar  right  to  lie  reinstated,  and  to  Iw  tho  party  in  [KinHeitrtion  while  treat* 
in(i;  of  the  title.'" 

Ndtwitbstaiuliiin  ihi.s  prolent  nKninxt  any  inference  favornbln  to  our  title  from 
the  ri'Htoralion  oi'  the  territory,  that  restoration,  and  the  ndinis.'iion  of  Lord  Castle. 
iea;?h  of  our  ri){hl  to  the  posHe.s»ion  diirini;  the  roiitroversy,  are  roncluMive  ol  Homo 
facts  very  important  to  an  equitable  settlement  of  the  rii^htH  in  dispute.  In  the  lirst 
place,  it  proves  the  AmcricanH  to  have  hven  in  iio.ssession  in  June,  1812,  at  the  dec- 
laration of  the  war;  for  .such  places  only  were  to  be  restored  as  were  taken  dnrinir 
the  war.  And,  in  the  second  jilace,  the  act  of  restoration,  and  the  admisjHionof  I^oiu 
Castli^ri'iij^li,  establish  the  important  fact  that  we  are  actually  in  possession  now;  for 
they  reco^;iiize  our  rij^hl  to  the  |)oss«!ssioii  while  treatin|i;  of  the  title,  which  trcatinjj, 
unlortunately,  ha.s  not  yet  been  brought  to  a  close. 

The  elii'Ct  of  the  surrender  of  Fort  (Jeoixe  was  to  restore  the  United  States  to  their 
position  before  the  cniitiire,  reinsliiting  them  in  all  their  territorial  rii^hts,  etc.  To 
determine  what  was  restored,  we  must  (iret  ascertain  what  was  surrendereil.  Tbc 
act  of  surrender  designates  it  as  "  iIk;  s(!tllem(Mit  of  Fort  (Jcorife,  on  tlic  Columbia 
River."  The  (jiiestion  recurs,  what  was  embraced  in  tiie  .settlement  of  Fort  (Jcor^e  .' 
Certainly  somethiiiij  be.siiies  the  fort  it.self.  The  terms  of  the  act  imjily  tliat  the  re.s- 
toriition  extended  beyond  the  site  of  the  fort.  Tiie  extimt  of  tin-  settlement  of  Astoria 
fFort  (ienifte)  depemls  uiioii  actual  occupation,  intention  clearly  manifested  to  extiunl 
that  occupation,  and  princi|)le»  of  law  by  which  the  limits  of  settlements  in  new 
countries  are  delined.  The  di.scovcry  of  the  Columbia  by  (]iay  ;  the  jiublic  mission 
of  f,e\\is  and  (^laike,  who  twice  traverseil  the  whole  breadth  of  the  territory,  spent 
the  winter  in  a  temporary  fort,  which  they  built  on  the  bank  of  the  river,  and  look 
formal  |K)ssc»sion,  by  the  authority,  in  the  name,  and  at  the  expend!  of  the  I'niteJ 
States,  constitute  a  title  to  territory  lieyond  the  mere  line  of  march  and  the  (ground 
occupied  by  the  fort.  The  rij^ht  of  our  citizens  to  form  settlements  was  coe.xtensive 
with  the  territory  covered  by  this  title. 

We  have  already  seen  that  the  di.scovery  of  a  river  nnd  actu.il  possession  within  a 
reasonable  time  pive  the  right  to  form  settlements  on  every  part  of  the  territory  wa- 
tered by  the  river  and  its  tributaries.  This  right  may  be  surrendered,  or  it  may  be 
forfeited  by  non-nscr.  There  is  no  pretence  that  in  this  case  it  has  ever  been  sur- 
rendered, nor  ran  a  forfeiture  be  Huccessfully  urged.  This  jirinciple  will  carry  the 
northern  boiimlary  of  the  United  States  west  of  the  Rocky  Mountains  to  about  r>V. 
This  will  be  the  northern  limit  of  the  title  acquired  by  the  discovery  and  posses.sion 
above  referred  to. 

There  is  another  principle  by  which  the  extent  of  the  right  of  our  people  to  form 
settlements  in  this  territory  may  be  ascerlaineil.  It  is  settled  that  the  nation  which 
takes  possession  of  unoccupied  territory  .icfiuircs  the  right  to  form  settlements  of  its 
people  in  every  direction,  over  one-half  the  space  intervening  between  the  point  of 
such  actual  possession,  and  the  settlements  alre.ady  made  of  any  other  organizeif 
community.  How  will  the  recognition  of  this  principle  affect  the  present  inquiry  .' 
The  position  occupied  by  Lewis  and  Clarke,  (Fort  Clatsop,)  and  Astoria,  are  in  lat- 
itude 16°  18'.  The  most  southern  point  of  which  Cook  took  jiossession,  thougli  no 
settlement  followed,  was  at  the  mouth  of  Conk's  River,  in  latitude  61°  30'.  The  in- 
termediate point  between  the  mouth  of  Columbia  and  Cook's  River  is  5,3°  54',  and  this 
would  be  our  northern  limit.  The  e.vtent  of  our  right  under  either  principle  would 
be  nearly  the  same. 

The  committee  proceeds  to  exhibit,  from  the  bet  information  withifv  its  reach,  how 
far  this  right  of  settlement  by  citizens  of  the  United  States  has  been  actually  exer- 
ercised.  Mr.  Astor,  in  a  letter  to  the  Hon.  .J.  Q.  Adams,  then  Secretary  of  State, 
dated  New- York,  January  4,  1823,  states  that  his  phm  in  1810  was  to  make  an  es- 
tablishment  at  the  mouth  of  Columbia  River,  which  would  .serve  as  a  place  of  depot, 
and  give  further  facilities  for  conducting  a  trade  across  this  continent,  to  that  river, 

*  *  Cuihing'i  Report.  '  '  '         ' 


■^^*v  .^v<-^^^.»»vj. 


=i3iEiw»ir»Tiiirva'jiy»g>CTwaw».»s<?r,»,M»CTJ^ 


'^m<  tmAM."  irg.'^aB^^- 


,«-wBe«i«»>-:aS«5P"~^   fiT""^"" 


APPENDIX. 


•t 


•te.  Wo  have  already  stated  thnt  the  nueiiU*  of  Mr.  Adtor,  apnrehcnilinn  an  invaitioa 
from  ft  British  force,  sold  the  estubimliiriPrits.ctc.,  to  the  Northwest  (^oinpiiny.  The 
article  of  unrecmcnt  for  this  purpose  throws  some  lif^ht  upon  the  extent  of  the  coun- 
try nctunily  in  the  occiipiUion  ol  the  AmericiiMi*.  It  is.dated  the  liith  day  of  October, 
1HI3,  and  recites,  that  un  association  hiul  heretofore  curried  "  on  tiie  fur  tratle  to  the 
Columbia  River  anditsdeiH'ndencies,  under  the  firm  and  denomiimtion  of  the  racific 
Pur  Company."  The  first  articles  covenant,  etc.,  for  the  sale  and  delivery  "of  the 
whole  of  their  establishments,  furs,  and  present  stock  on  hand,  on  the  Columbia  and 
Thompson's  Rivers;"  and  the  fourth  article  refers  to  "John  Ucid'.i  adventure,  and 
Freeman's,  in  the  vicinity  of  Snake  country  and  Sjwnish  River."  (he  of  the  wit- 
nesses to  this  agreement  is  Alfred  Seton,  Es(iuire,  now  a  resident  of  the  city  of  Nevr- 
York,  A  letter  was  addressed  to  him,  asking  information  of  the  number  anil  loca- 
tion of  Mr.  Astor's  establishments.  Mr.  Seton  was  one  of  the  young  nien  selected 
by  Mr.  Astor  to  carry  out  the  extensive  plans  which  he  had  lormed  for  e'ltablishing 
a  trade  in  these  vast  regions.  lie  is  a  gentleman  of  education  and  chainr'.er,  and 
participated  in  the  events  he  relates.  His  reply  is  dated  at  New- York,  '2tilU  March, 
1842,  of  which  the  following  extracts  are  applicable  to  our  j)ref!cnt  puipose: 
"  Thompson'*  River  was  the  north  branch  of  the  Columbia.  In  the  common  par- 
lance of  the  country,  among  our  jicople,  the  southern  branch  of  the  Columbia,  by 
which  I^wis  and  Clarke  went  down  to  the  main  river,  was  tailed  I.*wis's  River.  So 
the  northern  branch  was,  by  the  nortliwesteis,  culled  Thompson's  River." 

"  The  post  or  establishment  alluded  to  in  the  treacherous  agreement  for  the  trans- 
fer of  Mr.  Astor'fl  property  was  that  of  OkenagE.n,  eslabli.shed  by  David  Stuart,  of 
the  Pacific  Fur  Company,  m  the  autumn  of  181 1,  and  situated  about  150  or  200  miles 
U])  Thompson's  River,  or  the  north  branch  of  the  Columbia."  Mr.  Seton  proceeds : 
"  I  will  try  to  convey  to  you  some  sort  of  ideas  of  the  country,  and  out  of  tnese  you 
must  pick,  if  you  can,  the  information  you  require.  Lay  before  you  the  map  ap. 
pcnded  to  the  second  volume  of  Astoria,  follow  up  the  south  branch  of  the  Columbia, 
or  Lewis's  River,  until  you  come  to  a  tributary  stream  called  the  Kooskooske.  This 
little  river,  you  will  see,  runs  from  a  spur  of  the  Rocky  Mountains.  Lewis  and 
Clarke  embarked  on  it,  where  it  first  l)ecoracs  deep  enough  to  swim  a  canoe,  and 
floated  down  to  the  south  branch  of  the  Columbia.  This  south  branch,  from  the 
mouth  of  the  Kooskooske  to  the  forks,  being  the  only  part  navigated  by  Lewis  and 
Clarke,  is  called  Lewis's  River;  above  the  mouth  of  the  Kooskooske,  it  is  called  the 
Snake  River,  and  the  adjacent  country  the  Snake  country.  The  Indian  name  for  this 
part  of  it,  however,  is  the  Camoenum.  The  Pacific  Fur  Company  established  a  post 
at  the  head  of  the  Kooskooske  in  the  summer  of  1812,  and  nearly  where  Lewis  and 
Clarke  built  their  canoes.  This  was  located  by  Donald  Mackenzie,  of  whose  party 
both  John  Reid  and  myself  were  memliers.  In  our  various  exploring  expeditions,  to 
make  ourselves  practically  acquainted  with  the  fur  liearing  properties  of  the  couiitry, 
it  was  my  lot  to  take  the  route  from  the  mouth  of  the  Kooskooske,  along  the  Snake 
or  Camoenum  River,  to  the  west."  "  Mackenzie  explored  the  region  of  the  country 
north  and  west,  lying  between  the  Kooskooske  and  the  northern  branch  of  the  Colum- 
bia, (called,  as  before  said,  sometimes  Thompson's  River,  and  laid  down  in  the  map 
referred  to,  as  Clarke's  River.)  This  region  was  i ailed  the  Spokan  country,  and  in  it 
he  found  Mr.  Clarke,  also  a  partner  of  the  Pacific  Fur  Company,  already  established." 
"  John  Reid  went  to  the  eastward,  if  I  remember  rightly,  to  look  at  the  country  in  that 
direction." 

"  At  the  time  of  the  transfer  of  Mr.  Aster's  property,  the  posts  actually  established 
were — 
"  1.  Astoria,  near  to  the  seacoast. 

"  2.  Okenagan,  at  the  confluence  of  that  river  and  the  north  branch  of  the  Co- 
Iiunbia. 

"  3.  Spokan  House,  on  the  river  of  the  same  name,  and  with  the  Spokan  Indians 
A  branch  of  this  establishment  had  also  been  pushed  further  west,  in  the  Flathead 
country,  and  among  the  Coutonuis  Indians. 
"  4.  A  post,  as  before  mentioned,  ou  the  Kooskooske. 
"  5.  One  on  the  Wallamette  River." 
These  posts,  established  in  all  parts  of  the  territory  oa  the  Columbia  and  its  prin- 


I 


r 


i 


82 


APPEm)IX. 


cipal  tributaries,  at  intervals  of  several  hundred  miles,  and  with  water  cur^tnunication 
Ijetween  them  all,  constitute  all  the  i)ossession  which  the  Pacitic  Fur  Con.iany  had 
it  in  its  power  at  that  time  to  take,  and  all  that  was  required  by  the  laws  and  iisages 
of  European  nations  in  actjuiring  territory  on  this  continent.  'I'he  inchoate  title  in  the 
[Tnited  States,  by  the  discovery  of  Gray  and  the  exploration  of  Lewis  and  Clarke, 
was  perfected  by  the  actual  setlJoment  and  occupation  by  Mr.  Astor  and  his  associ- 
ates. Althouofh  a  title  ■  Ky  discovery,  without  possession,  may  be  lost  by  lapse  of 
time,  yet  the  title  of  the  United  States,  perfected  as  this  was  by  the  actual  possession 
and  settlement  of  their  people,  could  not  be  thus  lost  or  divested,  except  by  conquest 
or  agreement.  Ii  the  posts  aMOve  enumerated  were  included  in  the  capitulation  of 
Astoria,  then  they  are  within  the  provisions  of  the  twaty  of  Ghent,  and  were  restored 
with  it ;  and  of  course  thero  was  no  conquest.  If  not  included  in  the  capitulation, 
althrugh  the  American  parties  (cut  off  from  their  depot)  wre  withdrav  n,  our  title  is 
noi  lost,  for  there  is  no  pretence  of  an  agreement  for  its  surrender.  The  territory  be- 
longed to  the  United  States ;  was  not  open  to  the  colonization  of  any  foreign  country ; 
nor  has  the  Northwest  Company  any  rights  there,  except  .such  as  were  conceded  by 
the  conventions  of  1818  and  1827 — no  right  of  domain  in  them  or  dominion  in  their 
government. 

The  committee  proceed  to  inquire,  what  vf  the  consequences  of  this  actual  posses- 
S'on,  coupled  with  the  right .'  The  restoration  absolute,  but  for  the  single  condition 
t  (lat  it  shall  not  be  used  as  evidence  in  the  discussion  of  the  title,  and  the  right  of  pos- 
s's.sion  perfect  in  its  character,  limited  only  in  its  duration,  constitute,  during  the  con- 
ti.'uance  of  the  latter,  a  complete  title. 

We  learn  from  Valtel  that  this  right  of  possession  comprehends  two  things:  "  1. 
The  Jomain,  in  virtue  of  which  the  nation  alone  may  use  this  country  for  the  supply 
of  its  ncressitics,  and  may  dispone  of  it  in  such  manner  and  derive  from  it  such  ad- 
vantages as  u  ui'nks  proper.  2.  The  empire,  or  the  right  of  sovereign  command,  by 
which  the  nation  oiJoins  or  regulates  at  its  pleasure  eveiything  that  passes  in  the 
country." 

The  following  pamgrapli  i.s  exactly  apjilicable  to  our  presentcasc  : 

"  When  a  nation  takes  possession  of  a  country  (our  possession  is  admitted)  that 
never  yet  belonged  to  anotli»r,  it  is  considered  as  possessing  there  the  empire  or  sov- 
ereignty, at  the  same  time  witi»  'he  domain." 

All  the  powers  and  authoritie  •  of  government  are  comprised  in  the  right  of  empire, 
which  Vattel  informs  us  accompanies  the  possession.  Brt  if  the  authoiity  of  Vattel 
be  rejected,  reason  and  argumeiit  lead  directly  to  the  same  conclusion.  It  will  scarcely 
be  contc  ..ed  that  the  pos.sessijn  thus  restored  was  a  mere  naked  possession,  confer- 
ring no  i,'9;ht3  upon  the  Unitjd  States.  The  power  which  was  competent  to  send 
Mr.  Prevost  to  receive  and  .acknowledge  the  act  of  restoration  might  certainly  have 
.sent  a  battalion  of  troojis  to  tiuve  marched  into  the  viicated  post,  and  to  have  restored 
tlio  Hag  of  tlio  United  Stn'.es.  In  such  an  event,  who  that  knows  the  iviUless  and 
enterprising  character  ol  oui  people  will  hesitate  to  believe,  that  long  ere  this  large 
and  llourishing  settlements  would  iiave  been  formed  in  every  part  of  the  territory ' 
We  say  in  every  part  of  the  territory,  for  the  ])ossession  of  Astoria,  at  the  mouth  of 
the  river,  was  a  virtual  po.s.session  of  the  whole,  and  the  restoration  of  Astoria  was 
a  virtual  restoratinn  of  the  whole.  If  such  settlements  had  been  fonned  by  citizens 
of  the  United  States,  it  would  have  become  not  only  the  right  but  the  duty  of  <  ur 
government  to  have  extended  to  them  the  protection  of  our  power  and  the  bene.*its 
of  our  laws,  otherwise  they  must  have  been  settlements  without  laws;  for  if  the 
United  Slates,  in  [wssessionjiad  not  the  right  of  empire,  no  other  government,  out  of 
possession,  could  lay  claim  to  any  such  right.  This  course  of  reasoning  might  be 
greatly  extciidwil ;  but  the  cominittn'',  throwing  out  (he.se  few  hints  for  the  considera- 
tion of  the  House,  proceeds  to  the  examination  of  the  conventions  of  1818  and  1827, 
to  ascertain  if  the  right  of  empire,  thus  in  the  United  States,  has  been,  by  anything 
therein  contained,  divested  or  regtricted. 

By  the  Miird  arlidc  of  the  convention  of  1818,  "  it  is  agreed  that  any  country  that 
may  be  claimed  by  either  party  on  the  northwest  coast  of  America,  westward  of  the 
Stony  Mountains,  shall,  together  wi'h  its  harbors,  bays,  and  creeks,  and  the  uaviga 
lion  of  all  rivers  within  'he  same,  be  free  and  open,  for  the  term  of  ten  years  from  the 


Mf!.:*!*."^  -  .*.  .-^MtiVuif^ 


.rrwwf^r— «|; 


APPENDIX. 


88 


nmunicabon 
jn.'iany  had 
1  ana  .isages 
te  title  in  the 
and  Clarke, 
d  his  associ- 
by  lapse  of 
il  possession 
by  conquest 
ipitulation  of 
ivere  restored 
capitulation, 
n,  our  title  is 
;  territory  be- 
eign  country; 
)  conceded  by 
linion  in  their 

ictual  posses- 
iigle  condition 
e  right  of  pos- 
uringthe  con- 

3  things:  "  1- 
for  the  supply 
im  it  such  ad- 
command,  by 
:  passes  in  the 


admitted)  that 
empire  or  sov- 

•ight  of  empire, 
lority  of  Valtel 

It  will  scarcely 
session,  confer- 
npetent  to  send 
;  certainly  have 
o  have  restored 
[he  rootless  and 
ig  ere  this  large 
)i  the  territory ' 
it  till'  mouth  of 

cf  Astoria  was 
■med  by  citizens 
the  duty  of  <  'ir 
and  the  iienertts 
aws ;  for  if  the 
irernment,  out  of 
soning  might  be 
)r  the  considerii- 

1818  and  1827, 
>en,  by  anything 

any  country  trmt 
vfestward  of  the 
,  and  the  uaviga 
>n  years  from  the 


date  of  the  signature  of  the  present  convention,  to  the  vessels,  citizens,  and  subjects 
of  the  two  Powers ;  it  being  well  understood  that  this  agreement  is  not  to  be  con- 
trued  to  the  prejudice  of  any  claim  which  either  of  the  two  high  contracting  i  irties 
may  have  to  any  part  of  the  said  country,"  etc. 

By  the  first  article  of  the  convention  of  1 827,  it  is  agreed  that  the  provisions  of  the 
lirst  article  of  the  convention  of  1818,  above  recited,  "  shall  be,  and  they  are  hereby, 
indefinitely  extended  and  continued  in  force  in  the  same  manner  as  if  all  the  provi- 
sions of  the  said  article  were  herein  specifically  recited." 

By  the  secohd  article  it  is  agreed,  "  it  shall  be  competent,  however,  to  either  of  the 
contracting  parties,  in  case  either  should  think  fit,  at  any  time  after  the  20th  of  Oc- 
tober, 18?.8,  on  giving  due  notice  of  twelve  months  to  the  other  contracting  party,  to 
annul  and  abrogate  this  convention ;  and  it  shall,  in  such  case,  be  accordingly  entirely 
annulled  and  abrogated,  after  the  expiration  of  the  said  term  of  notice." 

The  third  article  saves  all  rights  and  claims  of  the  parties.  The  first  remark  we 
h.  ve  to  make  upon  these  articles  is,  that  they  contain  no  reference  whatever  to  the 
possession,  which,  by  the  treaty  of  Ghent,  and  subsequent  acts  under  it,  was  ac- 
knowledged to  be  in  the  United  States,  in  the  mo.st  formal  manner,  and  which  could 
not  be  divested  except  in  a  manner  equally  formal,  or  by  the  consent  o!  <hc  I'm  led 
States,  imder  the  limitations  of  that  acknowledgment.  It  is  hardly  nei  :s--  iry  to  ob- 
serve that  in  neither  manner  is  it  divested  by  the  stipulations  of  these  conventions,  or 
cither  of  them. 

What  rights,  then,  were  granted  or  acquired  by  these  conventions  ?  Clearly  none 
inconsistent  with  our  pre\  iou.sly  admitted  possession.  VVe  have  seen,  from  the  high- 
est authority,  that  the  right  to  govei.'i  is  incident  to  the  pos.session.  The  right  of  the 
citizens  of  the  United  States,  under  this  possession,  and  with  the  permi.ssion  of  this 
government,  to  cultivate  the  soil,  navipr^te  'he  rivers,  lisli ,  hunt,  etc  ,  is  also  clear.  This 
right  of  our  citizens  existed  with  the  ])osses.sion  belore  th(!  fv-ar  of  1  '^  1 2,  and  was  re- 
stored with. the  restoration  of  the  "settlement  of  Fort  George,"' or.  the  6th  day  of 
October,  1818,  prior  to  either  of  these  conventions,  and  of  course  independent  of  both. 
If  this  be  true,  we  acquired  no  new  lights  under  the  convention  of  1818;  ail  these 
accompanied  our  prior  po.ssession.  That  convciition,  then,  was  a  concession  to  Eng- 
lish subjects  of  a  participation  in  individual  rights,  whicli,  but  for  that  convention, 
would  have  appertained  exclusively  to  our  own  citizens.  It  contains  no  recogni.ion 
of  any  authority  in  the  British  Govemraer  ■  over  the  territory. 


tMoitoi'V  r  «»9»w»'-''a«n«P-~'^y-~ 


r 


^ 


